High Court to Decide on Fifth Amendment's Scope

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The Battle Of Fort Trumbull

Economic redevelopment is supposed to be about progress and prosperity. But in the battle over the future of this city's Fort Trumbull neighborhood, longtime residents say the city's tough tactics have caused them only hardship and suffering.

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"I am a 93-year-old homeowner of Fort Trumbull have lived here all my life. This is our home. My wife and I do not want to leave here." Walter Pasqualini wrote those words in 1998 in a plea to discourage the city from taking court action to seize and demolish his house.

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Although the Constitution authorizes public seizure of private property, this case - Kelo v. New London - tests the limits of that power. At issue is whether a government entity, the New London Development Corp. (NLDC), can seize and demolish private homes and then turn the vacant land over to a private developer.

The precise issue before the high court is whether this kind of arrangement between a city and a private developer violates the Fifth Amendment mandate that private property may be taken by the government only for "public use."

more . . .
http://www.cbsnews.com/stories/2005/02/16/national/main674456.shtml