Institute for Justice Petitions Supreme Court to Take Case Seeking to Overrule Kelo v. City of New London
Today, the Institute for Justice filed a cert petition urging the Supreme Court to hear Bowers v. Oneida County Industrial Development Agency, a case in which IJ seeks to overrule Kelo v. City of New London (2005). Kelo is the controversial case in which the Supreme Court held that the government could use eminent domain to take property in order to promote private “economic development.” Although the Fifth Amendment states the the government may only take private property for “public use,” a narrow 5-4 Supreme Court majority built on earlier precedents to rule that virtually any potential public benefit qualifies as such. The Court also ruled the government need not prove that the supposed public benefit will actually materialize. In the Kelo case itself, it never did, and the condemned property ended up being used mainly by feral cats.
The Institute for Justice is, of course, the public interest firm that represented the property owners in the Kelo case. I wrote about the case, its development, and why the Court got it wrong, in my book The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain.
Here is an excerpt from IJ’s description of the Bowers case:
Bryan Bowers and his business partner Mike Licata build things. And they pride themselves on building things the people in their upstate New York community actually want and need. That is what led them to buy a plot of land across from a new hospital in Utica, New York: They had heard from doctors in the area that they would happily rent space from a Bowers building if one went up.
Unfortunately, they weren’t the only ones with plans for a medical office building near the hospital—or with plans for their newly acquired land. A different group of doctors had formed a private company they called Central Utica, LLC, that had plans for a building next door. After Bryan and Mike signed a contract to buy their new land, Central Utica announced that it wanted Bryan and Mike’s land, too—to use as a private parking lot for its building.
Two different people wanting the same thing is nothing new, whether it’s toddlers with toys or private businesses with land. The difference is that this dispute happened in New York, where local and state officials sometimes behave like spoiled children.
Central Utica wrote a letter to a local government agency, the Oneida County Industrial Development Agency, asking it to take Bowers’ land using eminent domain. Shockingly, the county agreed. In the county’s telling, the new private office building would create jobs and economic growth, and that was reason enough to invoke the power of eminent do
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
