Ah, the American dream. Work hard and you, too, can save to buy a house in a nice neighborhood, raise your family, and then be kicked out by Uncle Sam. Wait. What's that last part? If Uncle Sam could get more tax revenue from upscale condominiums, luxury hotels, and high-end office buildings, you might just find yourself out of a home. Don't worry. You will be compensated.
As cities seek to increase tax bases and create jobs, one increasingly popular solution is to take advantage of eminent domain. So, what is eminent domain? Basically, the government can force the sale of private property in the name of public use. For example, if your house is next to a freeway that's scheduled for widening, the government can force you to sell so long as you are paid fairly. The government can also declare an area blighted and initiate eminent domain procedures.
Eminent domain actually dates back to the founding of our country. For the most part, "public use" has been defined as building roads, schools, bridges, and public structures. In the 1950s, definitions of eminent domain expanded. Courts began to approve the transfer of private property to public use in the name of "slum clearance." In short, economic redevelopment became a justification for eminent domain.
Bulldozing private residences for economic revitalization has unsurprisingly met with contention. And the history of court decisions on eminent domain offers a checkered past. In 1981, Poletown, a lower-middle-class Detroit neighborhood, became the target for a new General Motors assembly plant. Poletown residents and business owners fought General Motors to the highest court. Ultimately, the ruling favored GM. The economic benefit of 6,000 new jobs promised to stimulate the economy. Consequently, 465 acres were cleared, leveling nearly 1,500 homes and over 100 businesses, not to mention several churches.
As cities seek to increase tax bases and create jobs, one increasingly popular solution is to take advantage of eminent domain. So, what is eminent domain? Basically, the government can force the sale of private property in the name of public use. For example, if your house is next to a freeway that's scheduled for widening, the government can force you to sell so long as you are paid fairly.
It wasn't until July 2004 that Poletown received some much-belated satisfaction. The Michigan Supreme Court unanimously overruled the Poletown decision in a similar case. This time around the court acknowledged the danger of sanctioning eminent domain. The court argued private property ownership shouldn't be threatened just because another private party has a plan for better land use.
Unfortunately for Poletown and neighborhoods like it, the damage has been done. Recently publicized cases involve residents of Lakewood, Ohio, and a business owner in Mesa, Arizona. Both groups won their cases after long legal battles. On the other hand, some not-so-lucky New York City property owners have been forced from their "blighted" block near Times Square. Why? To make room for new offices for the New York Times.
The hot case on today's eminent domain radar comes from New London, Connecticut. The city wants to condemn most of the middle-class FortTrumbull neighborhood along the ThamesRiver. This would make room for upscale condos, hotels, and offices. The Connecticut Supreme Court approved the plan for redevelopment five months before the Poletown case was overruled. In light of the new ruling, New London residents want to take their appeal all the way to the U.S. Supreme Court.
For decades, state courts have decided what "public use" encompasses, and soon our highest court may decide whether or not to weigh in.
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FAQs
With help from the Eminent Domain Abuse Survival Guide and IJ's own Lee McGrath in Minnesota, the Hollers fought an uphill battle and won their fight to keep their property. The county acquiesced that the library could be built without taking the Holler's property.
What is true about eminent domain? ›
Eminent domain refers to the power of the government to take private property and convert it into public use, referred to as a taking. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.
Is eminent domain right or wrong? ›
Key Takeaways. Eminent domain is the right of governments like the United States to seize private property for public use, following fair compensation. Everything from airspace, land, and contract rights to intellectual property is subject to eminent domain if a case can be made for its public use.
How do you argue against eminent domain? ›
Property owners can fight eminent domain by proving the government isn't taking the property for a proper public use or by proving it hasn't offered the just value of the property.
How hard is it to win an eminent domain case? ›
Even if you have a very good reason for opposing a government agency's proposed taking of your property through eminent domain, making the case on your own may be extremely difficult. Don't fight an uphill battle; get professional help from an experienced, local eminent domain attorney today.
Are eminent domain cases hard to win? ›
You should not be afraid of eminent domain litigation. The vast majority of these cases eventually settle, and this process is usually the way to obtain maximum compensation for your property. The reality is that the vast majority of eminent domain cases settle without going to a final trial.
What is exempt from eminent domain? ›
In certain states, agricultural and farmland properties may be excluded from eminent domain projects if the property is actively being used for agricultural purposes. This includes land that is used for crops, livestock, or other agricultural activities.
Can eminent domain be stopped? ›
The eminent domain process can be stopped if the proposed taking does not meet the requirements for public necessity or public purpose. If these tests are met, the government cannot be stopped from taking your property, but the government cannot dictate the price it will pay, either.
Why is eminent domain not beneficial? ›
Eminent domain abuse threatens property rights, fairness, and the public interest, with potential harm to property owners and communities. It is essential to identify and rectify such instances to ensure responsible use aligning with property owners' rights and public welfare.
Is there a way around eminent domain? ›
Contesting The Condemning Agency's Acquisition Of The Property. Provided there has been no withdrawal of the amount deposited, anyone with an interest in the property can challenge in court the agency's right to acquire or condemn the property.
Twelve states (Alabama, Georgia, Idaho, Indiana, Kentucky, Michigan, Ohio, South Dakota, Texas, Utah, West Virginia, Wisconsin) enacted legislation to prohibit the use of eminent domain for economic development.
What are the good things about eminent domain? ›
Eminent domain has been utilized traditionally to facilitate transportation, supply water, construct public buildings, and aid in defense readiness.
What is the problem with eminent domain? ›
By imposing tremendous costs (both social and economic) in the form of lost communities, uprooted families and destroyed small businesses, eminent domain often thwarts, rather than helps, economic growth.
Does eminent domain give the government too much power? ›
The purpose of eminent domain is to give the government the power to launch projects that'll benefit an entire community. This public use outweighs private property rights. Homeowners and property owners, though, are entitled to just compensation when the government wants to take their land.
When can eminent domain be a bad thing? ›
If the government attempts to acquire property for private development or economic gain without a legitimate public purpose, it can be considered an abuse of eminent domain. Inadequate compensation: Fair compensation is a fundamental principle of eminent domain.
Has eminent domain ever failed? ›
Unfortunately, eminent domain has a history of being abused and causing serious problems for property owners. The government does not always respect their rights, and many argue the system is inherently flawed in several ways.
Can eminent domain reversed? ›
Much depends on the level of proof, how long ago the taking occurred, who owns the land now and other factors. Further, reversing an eminent domain taking may require specific action by a legislative body. An example that illustrates this recently occurred in California. See Washington Post report here.
Has eminent domain ever been used? ›
The federal government's power of eminent domain has long been used in the United States to acquire property for public use. Eminent domain ''appertains to every independent government. It requires no constitutional recognition; it is an attribute of sovereignty.” Boom Co. v.
