Kelo v. City of New London — O'Connor, J., Dissenting

Summary

Justice O'Connor, joined by three other Justices, dissents from the Court's decision holding that economic development takings satisfy the Fifth Amendment's public use requirement. She argues the Court erases the public-private distinction, allowing property to be transferred to private owners simply because it may generate incidental public benefits like taxes or jobs. Justice Thomas, dissenting, would overrule the public purpose test and return to the original meaning that the public must actually use the property.