Private Property Rights Overview
Background and Congressional Options
On June 23, 2005, the Supreme Court handed down Kelo v. City of New London, one of its three property rights decisions during the 2004-2005 term. In Kelo, the Court addressed the City’s condemnation of private property to implement its area redevelopment plan aimed at invigorating a depressed economy. By 5 to 4, the Court held that the condemnations satisfied the Fifth Amendment requirement that condemnations for a "public use," notwithstanding, the property, as part of the plan, might be turned over to private developers — a private-to-private transfer.Under the Fifth Amendment, the United States may invoke its power of…
