Tyler Mulligan is a School of Government faculty member.
A New York Times article today covered Pfizer’s announcement that it will be leaving New London, Connecticut, the city at the center of the landmark eminent domain case, Kelo v. City of New London, 545 U.S. 469 (2005). In Kelo, a 5‑4 majority of the U.S. Supreme Court decided that the Fifth Amendment of the U.S. Constitution permits the condemnation of private property for the purpose of carrying out a comprehensive economic development plan, even if the condemned property is not blighted. The decision permitted the city to condemn Susette Kelo’s New London home to make way for an “urban village” adjacent to Pfizer’s property. According to the article, Pfizer asserts that it had no interest in the condemnation case, but the city touted its comprehensive plan in its efforts to lure the company to New London.
The Supreme Court’s decision proved to be unpopular. In response, a number of states enacted amendments to their state constitutions to restrict or prohibit the exercise of eminent domain for economic development, except to eliminate blight. A similar amendment was proposed in North Carolina during the 2009 session of the General Assembly (House Bill 1268), but it did not make it out of the House. Bills containing constitutional amendments are eligible for consideration in the short session, so the proposed amendment could be put forward again in 2010. (more)