What Are the Policies on Eminent Domain?
Eminent Domain is the power given to U.S. governmental bodies to seize private property---at current market values---for public uses, such as roads or parks.
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History
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The concept of the state or sovereign taking private land dates back to at least the Magna Carta. The American colonies, and later the United States, having been founded in English common law, always had provisions for the practice.
Function
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Eminent domain has historically been used to seize land for uses such as highways, public utilities and schools. That practice was expanded to include the transfer of the seized land to private developers for redevelopment purposes.
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Effects
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The use of eminent domain for redevelopment spurred a series of legal challenges, ultimately bringing the issue before the U.S. Supreme Court. The court's five to four decision in the Kelo v. City of New London affirmed economic development as a legitimate public use and spurred a flurry of state-based legislation to curb the practice.
Considerations
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Governmental bodies cannot simply take land. In New Jersey, for example, a multi-part process must be followed, which includes studies, public hearings and a final vote on declaring an area to be in need of redevelopment.
Features
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The area in need of redevelopment must meet a number of requirements, including whether the area is blighted and if the current use is the best use for the property.
Fun Fact
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There is a growing movement in the United States against the use of eminent domain to foster private development.
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