June 23, 2006

Deadline Day Updated Post (LATEST–TENTATIVE DEAL!); Map and Links to All Previous Posts

June 26 (pending) — Barriers to a Finalized Deal Remain

Unhappy Anniversary: Today, June 23, is the anniversary of the Kelo v. New London Supreme Court ruling. New London-specific info will be updated throughout the day below, and this post will stay at or near the top today.

11:50 p.m. — Signing off. Thanks to all who visited. All in all, this has to be seen as a pretty decent day for property-rights advocates.

11:45 p.m.The Associated Press report by the chronically biased Jennifer Loven quotes Senator Cornyn as saying the scope of the Executive Order is limited, while Reuters plays it pretty straight. Loven also characterizes the takings issue as a conservative (“particularly in the west”) vs. liberal (“an important tool for urban renewal projects”).

11:35 p.m. — Caught the issuance of Bush’s Executive Order during the outage. Good news, and possibly extremely good news. It should mean that the federal government won’t engage in “public purpose” (vs. “public use”) eminent domain proceedings. I’m not clear as to whether this would extend itself to any project in which federal aid is involved but which is administered by another governmental entity, but I don’t see why it wouldn’t.

11:30 p.m. — See the last para added to the 10 p.m. excerpt (had an outage for about an hour from 10:20 – 11:20 — apologies for the inconvenience). Ms. Kelo is saying she has to “go,” which to me would indicate that she gets her home, but it won’t be in parcel 4A. I still like my 5 p.m. theory that she’s going to have her house moved next to Cristofaro’s.

10:00 p.m. — Remember that the operative word is TENTATIVE. The AP report from later this evening has additional comments from Susette Kelo and Mike Cristofaro:

Later Friday, Kelo disputed the characterization of the deal and described the status of discussions as: “There’s talks. That’s it.”

….. Michael Cristofaro, Pasquale’s son, praised Rell and the Department of Economic and Community Development for trying to find a fair solution. However, he said he’s still not sure about the outcome.

“There’s a lot of details in the negotiations that we haven’t totally agreed on and we’re working on those,” he said. “When Susette and I make our statements next week, I think everyone will be pleased with the results that the state has come up with.”

Cristofaro acknowledged the tentative agreement could still fall through.

“Anything can happen in New London,” he said. “I just don’t want to jinx it. The state is really working hard to work something out with us.”

….. “I think Governor Rell has great faith that there’s going to be a resolution to this nightmare,” Kelo said Friday. “It’s not positive for me because I’ve got to go. I’m not happy about it.”

5:00 p.m.The latest AP dispatch (backup link here) has this:

(Connecticut) House Minority Leader Robert Ward, who is familiar with parts of the proposed settlement, said tentative plans include moving Kelo’s house.

Kelo has been okay with having her house moved for quite some time. The original idea was to move Kelo’s AND Cristofaro’s house to an area inside Parcel 4A (see map below). My theory is that they’re now talking about moving her next to Cristofaro’s place (which would not be moved, and is by far more difficult to move than Kelo’s house). The people next to Cristofaro (Beyer) settled in early June, so that property will be torn down, and Kelo’s house could be moved onto the vacant lot. Both homes would then be in the same cluster with the high-powered, politically-connected Italian Dramatic Club.

2:10 p.m. — You have to wonder the referendum petition campaign, which on Monday submitted what appeared to be many more than enough signatures to get a citywide vote on evicting the holdouts on the ballot, had any influence on the settlement proceedings. If this New London Day online poll (still in progress) is any indication, the referendum to prevent eviction, if allowed, would have passed bigtime (access to the poll probably requires New London Day registration):


The 70% or so sentiment against city plans and positions is consisent with previous Day polls (here [third topic at link] and here) on Kelo-related matters. (Note: The final result was 307 yes, 107 no; I believe the poll may have ended early on June 24 because of the news of the tentative settlement on June 23.)

1:00 p.m. — Here’s an excerpt from the AP report that moved over the wires at about 12:30, that has a portion of Governor Rell’s statement The Day didn’t have:

Details of the deal were not released. The matter should be wrapped up by June 30, Rell said in a written statement.

“From the beginning I have consistently fought for fairness and accommodation with the Fort Trumbull residents,” Rell said. “Today’s announcement is proof that working together and negotiating in good faith can benefit everyone involved – the city of New London, the state of Connecticut and the residents of the Fort Trumbull peninsula.”

Can’t resist a bit of a needle here — The AP just can’t get away from their “water thing.” Previous AP reports erroneously described the holdouts’ homes as “riverfront” or “waterfront” properties. Today’s report in unexcerpted text describes the homes as being in a “riverfront neighborhood.” When you see the map below, you’ll see that the water is pretty far away from where the homes are, or were. AP’s description is only correct if you include the areas to the south and east as part of the “neighborhood” — a pretty questionable call, in my opinion.

12:30 p.m. — I suspect we won’t hear much that is truly new for the rest of the day, but this post will stay at the top and will be the last one of the day, just in case.

12 NoonThis sounds very promising, based on the statements from Scott Bullock and Governor Rell, that Kelo and the Cristofaros are going to get their wish to keep, and own, their homes –

Kelo and Cristofaros Reach Tentative Agreement

The last two plaintiffs in the Fort Trumbull eminent domain case have reached a tentative agreement, it was announced this morning.

Details of the tentative agreement between the city and Susette Kelo and Pasquale Cristofaro were not released.

Scott Bullock of The Institute for Justice, which represents the plaintiffs, released this statement:

“Due to the extraordinary efforts of the State of Connecticut, I am happy to report that a tentative agreement has been reached in principle on behalf of Susette Kelo and the Cristofaro family that takes into account the homeowners’ attachment to their homes in the Fort Trumbull neighborhood. We understand that a final agreement must be executed by Friday, June 30 and we expect a final agreement to be signed by that date. Susette and the Cristofaros look forward to making a statement about the agreement once it is final.”

Gov. M. Jodi Rell said in a prepared statement: “I want to thank Ms. Kelo and Mr. Cristofaro for their willingness to talk and ultimately settle this battle that has gone on so long. At the same time, I want to stress that everyone has agreed that Friday, June 30, is the final, final date for tying up any loose ends and this matter will be closed once and for all.

“It is fitting that we can make this announcement on the first anniversary of the Supreme Court ruling in Kelo.”

9:00 a.m. — From the actual article in The Day (will require registration after one day and paid subscription after seven days):

Scott Bullock, the Institute for Justice senior attorney representing the plaintiffs, said at one point Thursday that he expected to reach an agreement with the city, but later announced no resolution had been reached.

“With an agreement, there has to be two meetings of the minds, and that hasn’t happened,” he said. “We’re making substantial progress.”

Meanwhile, state Department of Economic and Community Development Deputy Commissioner Ronald Angelo Jr. said he could not make a statement, but expected to release some information today. He would not say whether the state’s additional money for settlements was still on the table.

7:00 a.m. — AP via New London Day — Governor’s Deadline Passes with no Apparent Deal:

Michael (Cristofaro) told The Day there was an offer on the table, but “it’s not even close to what we want.”

(Susette) Kelo wasn’t budging.

“I’m still here, and that’s where I want to be, and hopefully where I get to stay,” she said.


This post has links to all entries and a status map relating to the Kelo-New London standoff since early August 2005, when the town’s City Council and the New London Development Corporation began efforts to evict the Kelo holdouts.



The image of the area from Google maps is dated. Most of the properties in the area have been razed, but the placements of the various properties involved in recent settlements, the remaining holdouts, and the high-powered, politically-connected Italian Dramatic Club are accurate:


Kelo and Cristofaro remain in their homes, pending eviction and demolition, or settlement. The high-powered, politically-connected Italian Dramatic Club (IDC) also remains, but will stay right where it is. That’s because the high-powered, politically-connected IDC, which you will notice is right next door to Cristofaro’s home, was arbitrarily exempted from eminent domain by the City of New London and The New London Development Corporation (NLDC) in the late 1990s. The Supreme Court rendered its outrageous Kelo v. New London decision last year in full knowledge of the exception made for the high-powered, politically-connected IDC by the powers that be. (I am emphasizing the treatment of the high-powered, politically-connected Italian Dramatic Club because I believe it remains the dirtiest and most inexcusably underreported aspect of this entire corrupt enterprise.)

Click “more” if on the home page to see posts from before June 17.




  1. Take some credit for being in the PD! It was awesome. congrats.

    Comment by Ben Keeler — June 6, 2006 @ 1:35 am

  2. Thx, the Kelo thing and other matters tied me up today. It will be in the AM coffee Post tomorrow (actually today).

    Comment by TBlumer — June 6, 2006 @ 1:42 am

  3. The aftermath of the Kelo – New London, CT Supreme Court decision

    Tom Blumer at the Bizzy Blog has been all over the stories of what has been happening in New London, CT since the much-criticized decision on the Kelo v. City of New London was handed down by the US Supreme Court last June.
    George Will’s criticis…

    Trackback by Sister Toldjah — June 6, 2006 @ 10:56 am

  4. The aftermath of the Kelo – New London, CT Supreme Court decision

    Tom Blumer at the Bizzy Blog has been all over the stories of what has been happening in New London, CT since the much-criticized decision on the Kelo v. City of New London was handed down by the US Supreme Court last June.
    George Will’s criticis…

    Trackback by Sister Toldjah — June 6, 2006 @ 10:56 am

  5. Kelo Evictions:

    The indefatigable Tom Blumer continues to follow the climax of the booting of the Kelo plaintiffs from their homes. Four of the six residents settled this past week leaving two fina…

    Trackback by The Volokh Conspiracy — June 6, 2006 @ 3:09 pm

  6. Outstanding, Tom. Congrats.

    Comment by TRT — June 20, 2006 @ 7:35 pm

  7. [...] lance has tipped back in the individual’s favor. Developing… Others Blogging: BizzyBlog (blogging the subject throught the day)

    No Comments so far |
    Trackback Link [...]

    Pingback by Private Property Rights: Kelo v. the City of New London Anniversary--Blogs of War — June 23, 2006 @ 7:28 pm

  8. You kept the attention up, hence pressure on, in a polite fact-based informative way.

    Excellent job, on this issue; and, in general, showing blog news can be effective without having to be extentensively provocative and over-the-top advocacy competing for internet attention.

    Comment by monto — June 23, 2006 @ 9:06 pm

  9. #8 monto, thanks for the nice words. Sorry it took a bit to respond due to the outage and other things.

    Final details should be interesting…..

    Comment by TBlumer — June 23, 2006 @ 11:59 pm

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