The Constitution was written to protect individual rights from government power.
The Founders believed property rights to be one of the most important individual rights.
Eminent Domain is the concept of government taking private property for public use.
Fifth Amendment to the Constitution grants the power of eminent domain to government.
Yes, eminent domain gives government the power to take your property even if you don’t want to sell.
The two conditions which must be met for the government to exercise eminent domain are: 1) Must be for public use 2) Owners must be paid just compensation
Some examples of “public use” are schools, roads, hospitals, reservoirs, and police departments.
Since the 1954 Supreme Court ruling, eminent domain has been used to transfer property from one private owner to another private owner.
Bruce Broadwater is the City Councilman and former Mayor of Garden Grove, CA. He believes the city is responsible for maintaining housing stock and eminent domain is a good tool for redevelopment. Developers bring higher tax revenue to the city.
Steven Greenhut believes that owners often do not receive just compensation when governments exercise eminent domain.
The city of Arcadia, CA wants to make Rod’s Grill property into a parking lot for a car dealer to increase tax revenue.
The most important and controversial eminent domain case in U.S. history was Kelo vs. New London, CT. New London won. No, the decision was 5 to 4.