Kelo v. New London | Institute for Justice: Litigating for Liberty

Cases

New London, Connecticut

Kelo v. New London
Lawsuit Challenging Eminent Domain Abuse in New London, Connecticut


Susette Kelo received notice of condemnation from the NLDC (New London Development Corporation) the day before Thanksgiving 2000.

Susette Kelo dreamed of owning a home that looked out over the water. She purchased and lovingly restored her little pink house where the Thames River meets the Long Island Sound in 1997, and has enjoyed the great view from its windows ever since. The Dery family, down the street from Susette, has lived in Fort Trumbull since 1895; Matt Dery and his family live next door to his mother and father, whose parents purchased their house when William McKinley was president. The richness and vibrancy of this neighborhood reflects the American ideal of community and the dream of homeownership.

Tragically, the City of New London is turning that dream into a nightmare.

In 1998, pharmaceutical giant Pfizer built a plant next to Fort Trumbull and the City determined that someone else could make better use of the land than the Fort Trumbull residents. The City handed over its power of eminent domain—the ability to take private property for public use—to the New London Development Corporation (NLDC), a private body, to take the entire neighborhood for private development. As the Fort Trumbull neighbors found out, when private entities wield government’s awesome power of eminent domain and can justify taking property with the nebulous claim of “economic development,” all homeowners are in trouble.

The U.S. Supreme Court may have ruled but the fight is not over yet.

“The specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory.

—Justice Sandra Day O’Connor

Essential Background		Images and Media
Backgrounder: Saving the Skin of Property Owners In Connecticut: New London Residents Fight Eminent Domain Abuse		Photos: Hundreds Rally To Support New London Homeowners
		Media: Download Photos of the June 23, 2005 Press conference at the U.S. Supreme Court
Latest Release: The End of an Eminent Domain Error: Pfizer R&D Headquarters Closes in New London, Conn.(November 9, 2009)		Media: Download Client photos at their homes
		Photos from the oral argument
		Client Video: The Story of Susette Kelo
Launch Release: Institute for Justice Files Lawsuit Challenging Eminent Domain Abuse in New London, Connecticut (December 20, 2000)		Client Video: Interviews With Clients
		Hands Off My Home Campaign materials

From the Argument		Legal Briefs and Decisions
Listen: audio from the U.S. Supreme Court argument of Kelo v. New London		Download IJ's petition for rehearing of Kelo v. New London
Download: transcript of the U.S. Supreme Court argument of Kelo v. New London		Download the U.S. Supreme Court opinion of Kelo v. New London
		Download “Friends of the Court” File Briefs Urging U.S. Supreme Court To End Eminent Domain Abuse
		Download IJ's U.S. Supreme Court Reply Brief on the Merits
		Download IJ's U.S. Supreme Court Brief on the Merits
		Download IJ's cert petition for this case

Case Timeline
Filed Lawsuit:		December 20, 2000
Court Filed:		Superior Court of New London
Decision(s):		March 13, 2002: Superior Court of New London dismisses 11 out of 15 eminent domain actions. Both sides appealed
		March 3, 2004: Connecticut Supreme Court ruled against property owners by 4-3 vote
		April 20, 2004: Connecticut Supreme Court declined to reconsider ruling; issued stay pending appeal to the U.S. Supreme Court
		July 19, 2004:IJ appeals case to U.S. Supreme Court
		September 28, 2004: U.S. Supreme Court accepts Kelo case
		June 23, 2005: U.S. Supreme Court rules against homeowners

Additional Releases		Maps, Charts and Facts
Release: Susette Kelo Lost Her Rights, She Lost Her Property, But She Has Saved Her Home (June 30, 2006)		Castle Coalition Legislation Center: Tracking Eminent Domain Reform Legislation since Kelo
Release: One Year After Kelo Home and Small Business Owners to U.S. Senate: Stop Funding Eminent Domain Abuse (June 22, 2006)		Reporters and Editors: Download op-eds for publication
		IJ's first-ever nationwide report on eminent domain abuse: Public Power, Private Gain
Release: Choice Looms for New London City Council: Abide by Governor’s Call to Return Deeds to Family-Occupied Homes Or Move to Evict Homeowners (June 5, 2006)		Fight eminent domain abuse, become a Castle Coalition member today.
Release: Connecticut Gov. Rell Clarifies Her Statement: She Supports Returning Deeds to Family-Occupied Homes, With Deadline Passed, New London Homeowners Fight On (June 2, 2006)
Release: Eminent Domain Reform Stalled in the U.S. Senate; Nearly Six Months After U.S. House of Representatives Vote Threat of Eminent Domain Abuse Still Hangs Over Homes, Businesses, Farms and Churches (April 26, 2006)
Release: One Year After Kelo Argument National Property Rights Revolt Still Going Strong (February 21, 2006)
Release: IJ and Homeowners to Connecticut Legislators: Adopt Real Eminent Domain Reform (October 6, 2005)
Release: NLDC Backs Down, New London Property Owners Safe For Now But Push for Legislative Reform Continues (September 16, 2005)
		Op-eds, News Articles and Links
		Article: The End of an Eminent Domain Error: Pfizer Closes in New London, Conn. Liberty & Law (February 2010)
		Article: A Long Road; Susette Kelo Lost Her Rights, But She Will Keep Her Home, Liberty & Law (August 2006)
Release: NLDC Lies Continue: Associated Press Report Impeaches NLDC Claims That Moratorium Promise Now Only Applies To New Takings (September 13, 2005)		Article: Kelo v. City of New London Behind the Scenes at IJ, Liberty & Law (April 2005)
Release: New London Development Corporation Breaks Eminent Domain Moratorium Pledge (September 13, 2005)		Article: Uphill and Against the Odds (December 2004)
Release: Author of Kelo Says He Would “Oppose” Eminent Domain Abuse as a Legislator (August 25, 2005)		Article: The Patriots of Fort Trumbull (December 2004)
Release: U.S. Supreme Court Denies Homeowners’ Request to Rehear Kelo (August 22, 2005)		Op-ed: We Happy Few (December 2004)
Release: Homeowners Ask U.S. Supreme Court: Rehear Eminent Domain Case (July 18, 2005)		Article: Eminent Domain Without Limits? IJ Asks U.S. Supreme Court to Decide (August 2004)
Release: Grassroots Groundswell Grows Against Eminent Domain Abuse (July 12, 2005)		Article: A Threat To Property Owners (March 5, 2004)
Release: IJ’s $3 Million National Campaign Tells Lawmakers: “Hands Off My Home” (June 29, 2005)		Article: Seven Fort Trumbull Holdouts Are Down, But Not Out Just Yet (March 4, 2004)
		Article: Castle Coalition Defends Property Rights Across the Nation (February 2003)

Release: Floodgates Open: Tax-Hungry Governments & Land-Hungry Developers Rejoice in Green Light from U.S. Supreme Court (June 29, 2005)		Article: Public Use or Private Gain? (December 15, 2002)
Release: U.S. Supreme Court rules against homeowners (June 23, 2005)		Article: A Home Worth Fighting For (December 2, 2002)
		Article: Private Property Seizures (July 31, 2001)
Release: 25 “Friends of the Court” File Briefs Urging U.S. Supreme Court To End Eminent Domain Abuse (December 9, 2004)		Article: Property Seizures overstep boundaries of ‘public use’ (March 21, 2001)
		Article: Real People Pay Dearly For NLDC Land Grab (February 11, 2001)
Release: Institute for Justice Files Opening Brief With U.S. Supreme Court In Vital Case to Stop Eminent Domain Abuse (December 6, 2004)		Article: Eminent Domain Abuse Puts Owners, Tenants Out in The Cold (January 29, 2001)

Release: U.S. Supreme Court Accepts Review Of New London Eminent Domain Abuse Case (September 28, 2004)

Release: U.S. Supreme Court Now Considering Whether To End Eminent Domain Abuse (September 8, 2004)

Release: Nobel Prize Winner Supports Homeowners Challenging Eminent Domain Abuse In U.S. Supreme Court Case (August 31, 2004)
Release: U.S. Supreme Court Asked to Halt Eminent Domain Abuse (July 20, 2004)

Release: Institute for Justice and Fort Trumbull Homeowners Ask Connecticut Supreme Court to Reconsider Decision Permitting Eminent Domain Abuse (March 29, 2004)

Release: Connecticut Supreme Court Permits Eminent Domain Abuse; A Majority of the Court Rules Against Homeowners in New London (March 3, 2004)

Release: Amid Eminent Domain Controversy, Congressman Simmons Forced To Withdraw Amendment For Coast Guard Museum (June 12, 2003)

Release: Corporate Welfare vs. Constitutional Rights: Connecticut Supreme Court Hears Challenge to Eminent Domain Abuse (December 2, 2002)

Release: Martin Luther King III Offers Letter of Support For New London Property Owners In Eminent Domain Fight (December 2, 2002)
Release: New London Families Ask Connecticut Supreme Court To Save Their Homes and Land from City & NLDC (July 2, 2002)
Release: Institute for Justice Calls on Coast Guard To Take Eminent Domain Off the Table In New London (May 16, 2002)
Release: Fort Trumbull Homeowners File Appeal to Protect Their Homes (April 1, 2002)
Release: Majority of Fort Trumbull Homeowners Win, Others To Appeal Institute for Justice Wins Another Eminent Domain Case (March 13, 2002)
Release: New London Homes Targeted By Eminent Domain Abuse Now Safe Through Trial (February 22, 2001)
Release: Demolition of Homes Avoided—For Now (February 6, 2001)