On June 23, 2005, the United States Supreme Court delivered a 5-4 decision in Kelo v. City of New London providing that private property may be taken for private development that serves an economic benefit. Recently, 20 years later, the Supreme Court declined to revisit the issue in Bowers v. Oneida County, keeping Kelo intact yet reinforcing the ongoing debate.
Kelo (2005): A Turning Point
The case involved Susette Kelo and other homeowners in New London, Connecticut, whose properties were condemned to make way for a planned redevelopment project intended to boost the local economy. Although the project never materialized, the ruling set a national precedent.
The Supreme Court ruled that transferring property from one private owner to another to promote economic development can qualify as a valid public use under the Fifth Amendment. This decision proved controversial and prompted nationwide legislative responses.
• A key issue was the designation of properties as “blighted”—a term often used to describe buildings or areas considered dilapidated, unsafe, or detrimental to public health or welfare.
• Notably, the Kelo properties were not “blighted,” raising concerns about the scope of government power.
• Although the Supreme Court declined to prohibit the takings, it left the door open for states to provide greater protections.
• In response, 43 states re-examined and revised their eminent domain laws, with some expanding property owner protections while others retained broader interpretations.
Florida: Strong Constitutional Protections
In the wake of Kelo, Florida passed a constitutional amendment and legislation to strengthen property rights.
• Article X, Section 6 of the Florida Constitution was amended to ensure that property taken by eminent domain must be for a public use, not just a public benefit, prohibiting takings solely for economic development or tax revenue increases.
• Several statutes were amended in response to Kelo, and a new statute was passed, Florida Statutes 73.013, which prohibits the transfer of condemned property to a private party within 10 years of condemnation.
Florida’s approach reflects a firm commitment to protecting private property while still allowing for legitimate public projects.
Why It Matters
Eminent domain affects infrastructure, housing, economic growth, and community development. Kelo prompted states, especially Florida, to enshrine stronger protections in law. Twenty years after Kelo, we continue to see that eminent domain evolves as a vital part of American legal and civic life, shaped by local values, legal history, and public priorities.
