Eminent Domain Summary

Libertarians and Free Market Conservatives have different opinions on the idea of eminent domain according to lecture three titled, Eminent Domain. The libertarian’s side on the issue of eminent domain says that if an owner receives ownership of property through purchasing it or inheriting the property, the owner has full right over that property, according to the lecture. The owner can decide what happens to the property as long as the property isn’t used in the harming of anyone. In the example spoken about in lecture three, the idea of buying a person’s house to produce a highway in its place proves the views of the libertarian society. Libertarians believe the owner has the right to refuse to let the state buy their house, as it is not

The lecture states, “The state ought to have the power to force you to sell your house because the power of the state, or the right of the state, to force you to sell comes from the states main job to promote economic prosperity”(Lecture three). The lecture also states that the state should not be exercising the right to use eminent domain “willy nilly”, but the state should hold the power to use eminent domain “just in case it is necessary to produce some public good in which our joint prosperity depends.” The idea comes up that both from a libertarian and free market conservative view, can eminent domain be just a use of state power? The answer is yes. The state has been seen to abuse eminent domain in previous cases such as Kelo vs. City of New London ten years later and in the case of Atlantic

One of the owners being forced from his property stated, “If the use of the property was going to a hospital or school we wouldn’t love to leave our home, but we would understand. But the idea that they’re taking peoples homes to bestow a benefit on a developer, which is the purpose of these takings isn’t right”(Fox on Atlantic Yards). The Atlantic yard homeowners are being forced off the property to build multiple projects including new basketball complex and other buildings on the property. Libertarians would once again agree that no one should be forced from property that belongs to them, but fair market conservatives would also somewhat agree. The idea of just using eminent domain because the state can is an unjust practice. The third lecture states “Critics today say that the power of eminent domain is being abused and is being used by the state to take property from some and hand the property over to others. So in the sense that the state is pretending to use eminent domain or hiding behind eminent domain in order to pick winners and losers in the market place.” Fair market conservatives believe that it’s illegitimate for people to be forced off their property unless it was going to do something for the public good like building a highway or public park. The creation of this Atlantic yard develop would