Families Hold Rally, Seek Rell's Aid In Eminent Domain Case
By LYNNE TUOHY COURANT STAFF WRITER
May 23 2006
The stalwart seven families fighting eviction on the Fort Trumbull peninsula
of New London have lost significant legal battles, but they continue to vow
they will not lose their homes.
On Monday, Suzette Kelo - the named plaintiff in the nation's most notable
eminent domain battle in more than half a century - and others called on
Gov. M. Jodi Rell to intercede before the May 31 deadline the New London
City Council has imposed on the homeowners to abandon their properties or
face eviction.
Their eight-year legal and emotional odyssey has taken its toll; Kelo said
she awakens most mornings "stressful and discouraged."
She also awakens resolute.
"Hardly a day goes by when I work in my garden or have a cup of coffee in my
kitchen, both of which overlook the Thames River, that I wonder if I had
this to do all over again, would I?" she said. "Even on my worst days, and
there are many of those, my answer is always the same: Yes.
"A day of reckoning will come to all," Kelo said. "I would rather be me than
them," she said, referring to those trying to take her property.
Last June, the U.S. Supreme Court by a 5-4 vote in the Kelo case said
government entities are entitled to use the property "takings clause" of the
Constitution to take private property for economic development - even by a
private developer - if the taking benefits the public in some way. The
ruling mirrored a state Supreme Court ruling the year before that economic
development, even in a non-blighted area, was an acceptable public use of
eminent domain.
Within weeks of the ruling by the nation's highest court, the city of New
London and its quasi-public New London Development Corp. began eviction
proceedings, at which point Rell intervened and asked for a voluntary
moratorium on evictions until the legislature could weigh in.
Monday, Rell chastised the legislature for its inaction this past session,
but also declined to take sides in the heated controversy.
In a statement that tries to have it both ways, she said development of "the
entire peninsula" is vital to the city and the region. "At the same time, I
have remained sympathetic to the occupants," she said.
Few would disagree with her statement that the controversy "has gone on far
too long."
"I regret that the General Assembly has been largely silent on the overall
issue of eminent domain, despite the fact that they called a special session
last fall and were in regular session for three months earlier this year,"
Rell said.
Kelo and her neighbors are placing their faith in Rell, much as they placed
their faith in the U.S. Constitution to protect their interests.
"I'm assuming she's a say-what-she-means, means-what-she-says person," Kelo
said.
Susan Kniep, president of the Federation of Connecticut Taxpayer
Organizations, encouraged Rell to again intercede and ask New London city
officials to return their deeds to the property owners.
Kniep said the U.S. Supreme Court ruling "allowed governments to give
developers a key to our front door and invade the sanctity of our homes for
financial gain."
Kelo and Kniep spoke at a press conference held on the granite steps of the
north side of the state Capitol.
The Kelo plaintiffs collectively own 15 properties on two parcels of the
90-acre peninsula targeted for redevelopment into a hotel, high-end
condominiums, marina and other upscale attractions. The peninsula stands in
the shadow of the massive global research and development campus that
pharmaceutical giant Pfizer opened earlier this decade.
Attorney Scott Bullock, senior attorney for the nonprofit Institute of
Justice, which champions eminent domain battles nationwide on behalf of
homeowners and others, said the Supreme Court ruling "is the most
universally despised Supreme Court ruling in recent memory."
Bullock said that in its wake, 47 states drafted legislation to restrict
eminent domain abuse and 20 actually passed laws. "Unfortunately,
Connecticut has not been among those states; Connecticut needs to step up."
Of Kelo and her neighbors, Bullock said, "These people are American heroes.
They need to be respected, not evicted."
Bullock said it is not clear exactly what action the city council will take
after the May 31 deadline. Homeowners by law must be given 90-day notice
before they can be evicted from their homes. The next city council meeting
after the deadline passes is June 5.
In addition to getting the homeowners off the Fort Trumbull peninsula, city
officials want them to pay back occupancy fees for the time they've
continued to reside in their homes while the NLDC held title to them.
Michael Cristofaro said his family's home has been assessed at $97,000; Kelo
said she believes her assessment is $78,000.