Kelo Reargued: Has Twenty Years Changed
the Eminent Domain Debate?
Thursday, October 23, 2025
3:30-6:00pm - McGlothlin Courtroom
featuring the original Supreme Court advocates
“Nothing is to prevent the
State from replacing any
Motel 6 with a Ritz-Carlton,
any home with a shopping
mall, or any farm with a
factory.”
- Justice Sandra Day O’Connor
Brigham-Kanner Property
Rights Prize (2011)
“[T]he most unpopular
opinion that I wrote during my more than thirty-four years on the Supreme Court. Indeed, I
think it is the most unpopular opinion that any member of the Court wrote during that
period.”
- Justice John Paul Stevens
"The majority in Kelo strayed from the Constitution to diminish the right to be free from
private takings." - Justices Clarence Thomas and Neil Gorsuch
“Whether you know it or not, your house is for sale.”
In one of the Supreme Court’s most contro-
versial decisions, Kelo v. City of New London,
545 U.S. 469 (2005), a bare majority of the
Court allowed the government to deprive a
property owner of her home merely because
she was not maximizing its economic utility.
The Court approved the taking of Susette
Kelo’s “little pink house” by eminent domain
and transferring it to another private party, on
the theory that the public may benefit.
The case generated a firestorm, exposing
the public to what had been an obscure gov-
ernment power: eminent domain, the sover-
eign power to take private property for public use upon the payment of just compensation. In
the two decades since Kelo burned into public consciousness, it has resulted in nationwide
changes in the law, a vast body of scholarly and judicial criticism, and books and movies.
Join us as Ms. Kelo’s Supreme Court advocates from the Institute for Justice return to present
her case in a re-moot of the Supreme Court arguments sponsored by the William and Mary Law
School Real Estate Law Society, to ask this essential question: has time provided a new perspec-
tive on eminent domain and property rights?
Sponsors
October 22-24, 2025