Eminent Domain

Eminent Domain

Eminent domain is the power of the state to seize private property for public use, with compensation to the owner. This legal principle is rooted in the Fifth Amendment of the United States Constitution, which states that private property shall not be taken for public use without just compensation.

Examples

• Highway Construction: A state may acquire land to build a new highway, compensating the property owner for their land.
• Public Parks: Local governments can take private land to develop public parks, providing fair market value to the affected owners.

Notable Cases

• Kelo v. City of New London (2005): The Supreme Court upheld the use of eminent domain for economic development, allowing a city to take private homes for a commercial project.
• County of Wayne v. Hathcock (2004): The Michigan Supreme Court ruled against the use of eminent domain for private development, emphasizing a stricter interpretation of public use.