Eminent domain
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| Random enforcement |
Eminent domain is the term used to describe the appropriation of private property by some level of government. In the United States, the source for this government power is the Fifth Amendment, which states "private property [shall not] be taken for public use, without just compensation."[1] Eminent domain is rooted in feudal notions of land tenure, where all land in a nation is legally owned by the sovereign and therefore the sovereign can, within the limits of the law, do whatever they want with it.
Needless to say, this power is deeply unpopular with a vast swath of the citizenry, and while opposition to it is loudest among conservatives and Constitutionalists, nobody likes it when people take their stuff. Though the legal history of eminent domain goes back roughly 130 years,[2] there is an active movement resisting it,[3] and several high profile legal cases have recently been decided, mostly supporting the government.
An important part of eminent domain is that the government (or any private or semi-private corporation they delegate power to) must only take private property for a project for public use- such as a highway, railway etc. However, in many jurisdictions private developers have been the beneficiaries,[4] and take land for the purpose of making obscene amounts of money. Thus, eminent domain is currently an issue that, while legally supported, is popular with very little of the public.
[edit] Footnotes
- ↑ The Bill of Rights
- ↑ "FindLaw: National Eminent Domain Power." FindLaw. 2012.
- ↑ "Eminent Domain Abuse Survival Guide." The Castle Coalition. 2012.
- ↑ Damon W. Root. "When Public Power Is Used for Private Gain." Reason Foundation. 2009 October 8.