The Most Important Threatened Historic Places-Updates: Fort Trumbull neighborhood, New London

Fort Trumbull neighborhood, New London (2000). Although the New London Development Corporation has leveled most of the neighborhood, the legal battle continues, and could have national consequences. The United States Supreme Court agreed in September to hear the case in which the Fort Trumbull residents have challenged the right of the NLDC to use eminent domain to take their property for private development.

The Fifth Amendment to the Constitution says that governments may take private property for public purposes, provided they adequately reimburse property owners. At issue in New London is the definition of "public purposes." The residents say the term refers to overtly government purposes, such as schools or roads or revitalizing blighted areas that pose a threat to public safety. The city argues that "public purposes" also include acquiring land for private development intended to produce tax income for the city, reducing the burden on other taxpayers and making possible government programs and services that benefit the public.

The Institute for Justice (IJ), a libertarian legal association based in Washington, D.C. sued the city on behalf of the landowners. They won the case, but in March the Connecticut Supreme Court overturned the victory, ruling that the city was justified in taking the homeowners' property.

According to IJ's website (www.ij.org) governments took more than 10,000 properties for private development between 1998 and 2002. Currently, seven states, including Connecticut, allow condemnation for private business development, while eight forbid the use of eminent domain when the economic purpose is not to eliminate blight. Three other states lean toward the stricter interpretation, and the remaining 32 have no clear policy on the matter.

This is the first case on the subject to reach the Supreme Court. If the court limits the use of eminent domain, the effect on historic preservation will not be clear. As the January/February, 2004, issue of CPN reported, condemning private property can be used either to preserve historic structures or to demolish them. The Supreme Court will determine whether this tool is easier or more difficult to use.