Kelo vs. New London
Five years ago this past week the Supreme Court of the United States upheld what was one the worst decisions ever made in the American court system. That decision was in the Kelo vs. New London case, where eminent domain was used by the a private corporation to oust Susette Kelo and others from their private property. This particular case is one of the worse examples of government stepping on the individual civil liberties of a person that I can imagine.
For those of you that do not recall, a good summary of the case can be found on the Libertarian Party’s website, where this week they wrote an open letter that basically condemned the action by the court. The letter not only described the case and registered the dismay with the high court, but also clearly stated that it was looking forward to a future case that would overturn the clear civil injustice of the finding.
A quick background, Susette Kelo, along with some other property owners in an older area of the town of New London only wanted to be left alone and allowed to continue to live where they were living. However, a development corporation was interested in obtaining the Kelo property to build a shopping center. After Kelo refused to sell, the developers used the city and pursued an eminent domain case on behalf the development corporation. After challenging how the idea of eminent domain could be used on behalf a corporation seeking to develop with a for profit motive the case went all the way to Supreme Court, where the Kelo lost.
I am of the personal opinion that eminent domain laws are a little to lose to begin. I think it is very rare that the government has no other choice then to take someone citizens property. That being said, I think with close scrutiny to the application of the laws, it is sometimes required to support the progress and especially the services we demand of our government at times – especially in regards to roads and the like. However, allowing the application of such laws to be used by the government on behalf of a corporation is more than reprehensible.
Such action only goes to further emphasis that Jefferson’s thoughts against the formation of corporations as a legal entity was probably not such a bad one. Hopefully, just as the Libertarians are hoping, this bad precedent will be overturned in the very near future.
