Four years ago, on June 23, 2005, a 6-3 Supreme Court majority ruled in Kelo v. New London that the New London, Connecticut government could condemn houses in that city's Fort Trumbull area in the name of redevelopment. A bit over a year later, the city settled with the area's final two holdouts, the Cristofaro family and Susette Kelo.
Since then the city has without success tried to engage a developer to build a hotel on part of the now-leveled area, and to put apartments or condos on the rest. Yes, you read that right; they're building residences where residences used to be.
The idea behind the hotel was that it would serve as lodging for visitors to the anticipated U.S. Coast Guard Museum.
Now, as reported in last Friday's New London Day, it seems that even the Museum's ultimate presence in Fort Trumbull is in serious doubt:
Coast Guard museum plan on hold
Shelving of project disappoints city officials still looking for Fort Trumbull springboardPlans for a Coast Guard museum, which city officials have long hoped would be the impetus for economic development at Fort Trumbull, have been put on hold.
Citing lackluster fundraising figures and a stagnant economy, the National Coast Guard Museum Association and the Coast Guard Foundation voted unanimously Thursday to postpone the $65 million project.
Jerry Ostermiller will step down as president of the Museum Association, a job he has held since January.
”This doesn't mean we've given up on the project, it means we'll put it on the shelf until the economic climate improves,” said Anne Brengle, foundation president.
Most of the rest of the article consists of city officials and politicians absurdly pretending that the news is no big deal. But a Day editorial punctured that nonsense:
New game plan
It would be hard to come up with more deflating news for the prospects of economic development in Fort Trumbull than the announcement Thursday that the Coast Guard Foundation is suspending its effort to raise funds for the construction of the National Coast Guard Museum.
.... Whether the revival of the museum project is possible when the economy improves is questionable at best. Association leaders say it will be at least a year before they are in a position to try. Many people donated generously to get this far. They will not jump back in easily.
The New London Development Corp. was counting on the museum and construction of an adjacent hotel as the linchpin for Fort Trumbull redevelopment. This newspaper has previously expressed concerns that the NLDC's plans were too dependent on this one project. NLDC mentions the museum a dozen times in its development plan, to the exclusion of almost anything else.
The city must be open to other development possibilities on the 90-acre tract. Commiserating about the museum serves no purpose. The Fort Trumbull peninsula is prime waterfront land with significant potential when the economy improves.
The "New Game Plan" title of the Day's editorial is an admission that there is currently "no game plan."
This situation is especially infuriating because a primary underpinning of the Supreme Court's decision twisting the 5th Amendment's "public use" clause and allowing the city's condemnation and takeover of the area was the judicial majority's confidence that city elders knew what they were doing, as noted in this paragraph from the ruling itself (bolds are mine):
The city’s determination that the area at issue was sufficiently distressed to justify a program of economic rejuvenation is entitled to deference. The city has carefully formulated a development plan that it believes will provide appreciable benefits to the community, including, but not limited to, new jobs and increased tax revenue. As with other exercises in urban planning and development, the city is trying to coordinate a variety of commercial, residential, and recreational land uses, with the hope that they will form a whole greater than the sum of its parts. To effectuate this plan, the city has invoked a state statute that specifically authorizes the use of eminent domain to promote economic development. Given the plan’s comprehensive character, the thorough deliberation that preceded its adoption, and the limited scope of this Court’s review in such cases, it is appropriate here …. to resolve the challenges of the individual owners, not on a piecemeal basis, but rather in light of the entire plan. Because that plan unquestionably serves a public purpose, the takings challenged here satisfy the Fifth Amendment.
With nothing but barren land and no prospects for improvement four years later, how much more foolish can the Court majority possibly look?
One should also not forget that the high-powered, politically-connected Italian Dramatic Club was outrageously spared from the wrecking ball in a blatant act of city favoritism. As was ruefully stated as this sad process unfolded, "The Italian Dramatic Club can stay, but the Italians have to go."
Despite all of the attention the original case commanded, the decision's inactive aftermath has been virtually ignored by the establishment press. The news of the Coast Guard Museum's suspension is no different. A Google News Search on ["New London" Coast Guard Museum] (typed as indicated between brackets) has four listings, all from Nutmeg State media outlets.
Why is this continued monument to judicial malfeasance and government ineptitude not getting more attention? I would suggest that the known biases present in the establishment media cause that question to answer itself.
Cross-posted at BizzyBlog.com
—Tom Blumer is president of a training and development company in Mason, Ohio, and is a contributing editor to NewsBusters





















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Sounds like a "shovel
Thu, 07/30/2009 - 03:45 ET by RR GOPSounds like a "shovel ready" stimulus project to me!!
Woo hoo! Let's get this economy moving, Jack!
One of the 34% who thinks George W. Bush was a great President. One of the 61% who wants to bring back the stock and pillory (yep...approval for Congress now at 39%...do you believe that!?).
It's important for the state-run media to cover for and support
Thu, 07/30/2009 - 03:49 ET by Rush Fantheir liberal brothers and sisters on the Supreme Court, just as they cover for and support President Obama and the Democrat party.
Tom... I see that you live in Mason, Ohio. I was born and grew up in East Liverpool, Ohio.
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"There is no longer a media in this country. There is simply an established propaganda arm for the Democrat Party and any and all who relate to it in any way, elected and unelected." ~ Rush Limbaugh
Rush Fan, I wish ....
Thu, 07/30/2009 - 09:00 ET by Tom Blumer.... Someone would take on Charlie Wilson.
Kelo Evil
Thu, 07/30/2009 - 03:52 ET by River CityThe Kelo decision led to a similar event in Burlington, IA. This one is directly tied to Tom Vilsack. He is the former governor of Iowa now the Secretary of Agriculture for Pres. Obama.
Burlington had an area of town called The Manor. It started as military housing for people who worked at the ammunition plant making nukes. The army sold the homes to individuals. Most were renters in current times or elderly owners who lived in the homes they bought from the army. It contained mostly section 8 rented homes. The city decided to use the Kelo decision to eliminate their eye sore and petty crime area.
In the mean time the state legislature was developing legislation to prevent the Kelo decision from being implemented in Iowa. Vilsack said he would sign the bill but only after one unnamed Iowa town got something done they couldn't do after the law passed. Of course after he signed the law it was revealed what Burlington had done.
It is today a 25 acre open space in the heart of one of the shopping areas of town. It is a very sore spot of the locals. It is nicknamed "Manor Mall" because of the city's plan to put shopping mall there that never came to fruition.
The Kelo decision was a violation of our rights and the Supreme Court abused its authority. It needs to be overturned immediately.
"Money is the scourge of the men who attempt to reverse the law of causality--the men who seek to replace the mind by seizing the products of the mind." Ayn Rand
Apparently, while SCOTUS and
Thu, 07/30/2009 - 10:23 ET by Davester65Apparently, while SCOTUS and some local governments like the Kelo decision, there appears to be no bankers who do. The main reason the area in New London (and Burlington IA) haven't been redeveloped is no one will finance the plans. Hopefully this will remain the case. If these stupid local governments realize they will never get a loan for their silly schemes, they might not try them. Apparently Eevil!!! capatalist bankers are our only real defense.
Things That Make You Say, Huh?
Thu, 07/30/2009 - 07:04 ET by sic721" The idea behind the hotel was that it would serve as lodging for visitors to the anticipated U.S. Coast Guard Museum."
I imagine they WILL need a Hilton or at the least a Holiday Inn to handle ALL THE TRAFFIC visiting a 'Coast Guard Museum'. Look, I have the utmost respect for all branches of service and the Coast Guard does a helluva job, but wouldn't a small, family-owned Dew Drop Inn be sufficient? I can't imagine planning an overnighter to visit a 'Coast Guard Museum'. Heck, I can't imagine even planning a trip there at all. Sounds like the kind of site I'd see driving through and maybe stop to look at. Keyword: maybe.
"Let us disappoint the Men who are raising themselves upon the ruin of this Country."-John Adams
whatever...
Thu, 07/30/2009 - 07:11 ET by AJBSomeone was filling an emminent domain lawsuit against one of the supreme court justices who voted for this stupid decision (tax revenue trumps individual property rights). Did that ever go through? Did they condemn his house to build a hotel?
That was "Justice" David
Thu, 07/30/2009 - 07:24 ET by WolfremThat was "Justice" David Souter's house, and I never did hear what happened in that case. Thrown out as frivolous, more than likely.
"Those who do not learn from history are doomed to repeat it." - George Santayana
"So this is how liberty dies... with thunderous applause." - Padme, Star Wars 3
The town Souter lived in
Thu, 07/30/2009 - 10:14 ET by Davester65The town Souter lived in threw the idea out. Pity, it would have been delicious irony.
Cool Coincidence
Thu, 07/30/2009 - 08:49 ET by BlueCat57I was just using the Kelo decision yesterday to explain to my children about the stupidity and evil of government intervention.
It is amazing how my 10-year old can get the concept and all these brilliant adults can't. I'm giving him a copy of the Declaration and Constitution to read.
BlueCat.. you can never
Thu, 07/30/2009 - 10:21 ET by celatorBlueCat.. you can never start too early to explain the evils and stupidity of Big Government to your kids. There are endless examples! Well done. I did the same when my were that age.
No citizen's right to life, liberty, pursuit of happiness, or property is safe as long as Obama is President of the United States.
This can't be right. The
Thu, 07/30/2009 - 09:59 ET by nolotrippenThis can't be right. The government is involved. All should be sugar and honey. Why aren't things running smoothly? Perhaps we'll have better luck when the FEDs take over health care.
Looks like the "experts" at
Thu, 07/30/2009 - 10:18 ET by mattmLooks like the "experts" at city planning etc. screwed things up again...
The Kelo Decision
Thu, 07/30/2009 - 11:14 ET by j. frank wilsonThe extended litigation around this project delayed it. Now the real estate cycle has turned (as it always does) and the timing is wrong.
Would the development have worked if it had gone ahead as originally scheduled and planned? We can never know that.
It is apparent, however, that the years of lawsuits brought it to its present state.
A more basic issue, however, is why conservatives have such an issue with a "states' rights" decision. The ruling is quoted above:
"To effectuate this plan, the city has invoked a state statute that specifically authorizes the use of eminent domain to promote economic development."
Personally, for several reasons (from the obvious fact that it is unfair to the considerble evidence that most cities aren't very good at it) I think the use of eminent domain to promote private economic development is a very poor idea. But I don't live in Connecticut.
And I believe the citizens of Connecticut are better judges of what is best for the citizens of Connecticut than the Federal government. That is the heart of the ruling - and I respectfully suggest anyone interested in the case read the entire ruling.
Rather than any state attempting to pass a law that Kelo doesn't apply there - shaky Constitution grounds, at best - why not just regulate the use of eminent domain?
And why expect or hope that an "activist" Supreme Court would overrule the law of a single state - Connecticut or any other?
The Fifth Amendment proscribes the states ....
Thu, 07/30/2009 - 15:10 ET by Tom Blumer.... from doing what CT did.
Their law is presumptively unconstitutional because of that. As Dear Leader said (correctly, in this rare instance), the Constitution in this case outlines a negative right: The state can't take your property regardless of compensation offered, unless it's doing so for a "public use" -- which as envisioned by the Founders did NOT encompass a government-conceived urban redevelopment plan carried out by private entities who take title to the property involved.
You could argue that the "public use" could be stretched to include such developments if the government ultimately owned them into perpetuity. But that's almost never or never the plan, and citizens (for the time being) don't take kindly to the idea.
The Court grievously erred in Kelo, and Sotomayor, if/when confirmed, will almost certainly compound the error, given half a chance. It would not be "activist" to overturn a law that directly thwarts the Constitution's expressed intent. It would be originalist.
Activist?
Fri, 07/31/2009 - 18:34 ET by j. frank wilsonOne of the most interesting things about the Kelo Decision is reading people's perceptions of it.
Conservatives tend to characterize as "activist" decisions they perceive as taking the place of actions that would be the proper purview of legislatures.
Progressives tend to characterize as "activist" decisions that overturn legislative actions.
I tease my conservative friends that everyone supports welfare: Progressives tend to favor welfare for individuals; conservatives tend to favor welfare for corporations.
Kelo Decision
Fri, 07/31/2009 - 09:06 ET by j. frank wilsonAn interesting analysis of the Kelo Decision:
http://www.harvardlawreview.org/issues/119/Nov05/Leading%20Cases/Kelo_v_CityNewLondonFTX.pdf
What's so interesting about
Mon, 08/03/2009 - 08:19 ET by NL207What's so interesting about this? Harvard is where Cass Sunstein, a closet communist and enemy of originalist Constitutionalists if there ever was one is / was an emminent Professor of Law. I would expect no less than something like this from them.
What that tract argues is that the Courts began about 100 years ago to reinterpret the term 'public use' in the takings clause more broadly than it was intended or interpretted in the first 125 years of the Republic and that therefore, there is precedent for the Kelo decision. The essence of the argument is the Kelo decision cannot be wrong because this kind of taking has been done before. I could not find a single reference in the article to the intent of the Founders or the original meaning of the term, "public use" as used by the Founders.
I will pose this question: If the courts erode the limits on takings by reinterpretting the meaning of 'public use', what short of an aroused and armed citizenry prevents the government from siezing any private property for any purpose merely by redefining that purpose as 'public use'?