What is Eminent Domain?

With eminent domain being used more and more frequently, citizens are becoming concerned about their rights. Each year more property is taken by local, state and federal governments and put to miscellaneous uses. Eminent domain should be allowed as long as the property is put to true "public use" by a government. Without eminent domain, the interstate system would not be as developed and urban renewal programs would not be as extensive. With all of the benefits though, eminent domain can also be abused. Shopping centers, marinas, auto plants and BMW dealerships have all been built in place of property taken by eminent domain. Eminent domain should be allowed, but the courts should better define "public use." Also, governments should not be allowed to take a property and then give it to a private company.

Eminent domain is "the inherent power of the state to expropriate private property, or rights in private property, without the owner's consent, either for its own use or by delegation of the taking power to third parties who will devote it to 'public uses', the most common examples being public utilities or railroads." (Wikipedia). One of the first known cases of eminent domain happened in England when an English king needed saltpeter. He took a private mine from an owner without the owner's consent. To make this legal, the English courts changed the law. When the United States of America was created and established its law, it adopted most of the English laws. The law defined eminent domain as taking private property for public use. But in the 5th amendment, the law stated that "just compensation" had to be paid. Private property is land/buildings but also weapons, franchises, contracts, patents, trade secrets and copyrights. Eminent domain is widely used throughout the world. In the United Kingdom and New Zealand, eminent domain is called compulsory purchase. In Australia, it is called resumption. (Wikipedia)

While the system worked at first, problems soon developed. When the law was new, it productively developed roads, utilities and government buildings. But the constitution does not clearly define "public use" and "just compensation" so the system is often abused by private companies. Because of this, governments will corruptly permit new projects if they can generate more tax revenue.

Eminent domain has been beneficial in the past. In the 1950's while the interstate system was being built, 42,000 miles of rights were taken. During World War II, property was taken to develop military buildings. Eminent domain has greatly improved transit systems. Without it, transit systems all over the U.S. would not be as extensive. Eminent domain benefits urban renewal programs that make communities look nicer. Eminent domain is vital for the positive development of communities.

There are drawbacks to eminent domain though. Nobody wants their home forcefully taken from them and although "just compensation" is paid, there is no way to compensate benefits and emotional experiences from the property. A restaurant may operate in a location near a fire station for 50 years. The restaurant is called the "Fire Engine Grille" and its location is associated with the fire station. Customers recognize where it is and it has maintained a good reputation. But if it is possessed by eminent domain and relocated, it loses business because customers are not familiar with its new location.

There are other imperfections in the practices of eminent domain. "Just compensation" doesn't compensate lost business, moving costs or inconvenience. Also if the property is deemed "improper" for its location, does not follow city zoning codes, or executes questionable practices, compensation is not paid.

One battle of eminent domain is happening in New Hampshire. Supreme Court Justice David H. Souter voted in favor of an eminent domain case in Connecticut that offended a group of supporters of property rights in America. To get revenge, they want to exercise eminent domain on his home in Weare, New Hampshire and build a hotel. The hotel would be called the "Lost Liberty Hotel" and feature a museum on American rights and the hotel would also house the "Just Deserts Cafe." The developer, Logan Darrow Clements claims that the hotel he is developing "must be built on this particular piece of land because it is a unique site being the home of someone largely responsible for destroying property rights for all Americans." (Freestar Media). Three out of five town selectman need to vote in favor of the hotel for construction of the project to begin.

The debate over eminent domain is not just whether to keep the law or abolish it. There is hullabaloo over defining the law more clearly and definitely. Over the years, people have found loopholes in the law and have taken advantage of them. The main flaw is that "public use" is not clear. Most businesses are an asset to the community and are convenient to have in a town. Also, stores are there to serve the public. Because of this, anyone could argue that their new company would be considered "public use." There needs to be a fine line between benefitting a community and personal gain. But the line is difficult to determine. It is like smoking. Someone's right to smoke ends where my right to breathe fresh air begins.

"From just 1998 to 2003, there were 10,000 reported cases of cities and states condemning or threatening to condemn homes and businesses to make way for private companies to expand." (The Washington Post). In New London, Connecticut, the pharmaceutical company Pfizer was constructing a large research facility. To accompany the new research facility, and satisfy the "needs" of the executives, a marina, health club, and hotel were all built with the help of eminent domain. (The Washington Post). Those buildings benefitted the company not the community . The local government allowed it because those new buildings would generate more tax revenue. The town claimed that it was revitalizing the city and the new project would create more jobs.

In the early 1980's, there was a neighborhood in Detroit, Michigan consisting of Polish immigrants called "Poletown." General Motors demolished the entire neighborhood and built an auto plant when the local government deemed the auto-plant "public use." Not only was the neighborhood and surrounding community outraged because there rights were being violated, they thought that they were being violated based on their nationality. Most of the time, the displaced victims are poor and usually elderly. But most governments have programs to support and help those affected find and move to a new home.

Eminent domain is essential for communities to grow and develop. Without eminent domain, transportation projects would become too expensive. Supporters of abolishing the law do not realize how necessary the law really is. When they drive to work in the morning, they do not notice that some of the roads they drive on might be the result of eminent domain. There are so many productive, positive examples that eminent domain has created. Although the law is commonly abused, the courts can better define and enforce true beneficial public use. This being said, eminent domain should only be executed if it is for government use. Too often a government will take property and hand it over to a private company. Governments should only use eminent domain for their own use, not someone else's.

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