Eminent Domain Case Study

Franklin D Roosevelt once wrote, "Real-estate cannot be lost or stolen, nor can it be carried away. Purchased with common sense, paid for in full, and managed with reasonable care, it is about the safest investment in the world." Unfortunately, President Roosevelt could not have foretold of the abuse that his government would inflict through the use of Eminent Domain. Eminent Domain is defined by Merriam-Webster as; the right of the government to take property from a private owner for public use by virtue of the superior dominion of its sovereignty over all lands within its jurisdiction. (2) In the early years of the nation, the federal power of eminent domain lay dormant, and it was not until 1876 that its existence was recognized by the Supreme Court. In the case, Kohl v. the United States any

However, the government created a loophole that allows them to obtain land as needed for public development. Such was the case in the Supreme Court 's 2005 decision in Kelo v. The city of New London, which allowed state and local governments to take private property and transfer it to other private owners to promote "economic development" for the creation of a casino. (3) The nation was shocked and a wave of discontent rippled through the nation. The backlash caused 44 states to enacted new policies to protect private property owners, but those policies seemed to disappear when corrupt officials turn a blind. (3) Currently, if the government decides to undertake an "economic development" project, the government can seize your family home and sell the property to a private developer to build a new factory, access way, or even a casino. At this point,