Kelo vs. City of New London Essay

2203 Words Jul 9th, 2011 9 Pages
Kelo vs. City of New London
Legal Facts: Kelo v. City of New London 545 U.S. 469 (2005) the U.S. Supreme Court answered “yes” to the question of whether or not taking land for the sole purpose of economic improvement would fall into the realm of public use requirement set forth in the Fifth Amendment’s Takings Clause. The city of New London Connecticut had made economic recovery efforts to sustain a severely downtrodden local economy. Those efforts included a plan to acquire 115 parcels of real estate in order to redevelop an area of commercial, residential and recreational elements. The plan consisted of removing homes to build a new development in order to create jobs, increase tax revenue, and better allow for the city to
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In the Kelo case, Legal Reasoning was prevalent in application of law to the outcome of the decision. Justice Stevens followed the guidelines that it was the courts duty to determine the wisdom of the government’s attempt to exercise eminent domain, and that the court should not allow its decision to be deviated by the hardship that one might incur when unwillingly relinquishing their home or property. The large media influence on the Kelo strengthened the importance of Legal Reasoning even more. The court found it necessary to remove all emotions involved in listening about an individual that was about to lose the home that they had lived in their entire life and make a decision that would be for the better good of the people.
In addition, Case Law Reasoning was used to determine the outcome. Case Law Reasoning is when courts take prior cases, also known as precedents, and apply these cases to guide in the decision making processes. This application of taking prior cases to assist in the conclusion of current cases is known as stare decisis. Because case facts often vary, several cases are usually brought up to expand and make it possible to have a factual determination. In addition, several cases are brought up because moral ideas and the acceptance of such will change over time. Having

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