This Land Ain’t your Land; this Land Is my Land

Since the Kelo decision, the debate over eminent domain has only grown more heated. Proponents of eminent domain claim that its use for economic redevelopment is a valuable tool for local policy makers and that a blanket ban on using eminent domain to foster economic growth would tie the hands of government officials in their ongoing battle against blight. Opponents argue that economic redevelopment does not constitute “public use,” which the Constitution requires governments to show in order to justify takings. They argue that increased takings weaken private property rights due in part to the lack of a bright-line standard on what specifically constitutes “public use.” They also note that eminent domain takings are inherently politicized, so local governments may be biased in favor of larger, politically connected property owners and interests, at the expense of small business owners, entrepreneurs, and homeowners—particularly those at the lower end of the income scale. Moreover, use of eminent domain circumvents market processes that could better promote economic development...read more