Re-examining Eminent Domain
The Conflict Between Private Property and Economic Development
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The Fifth Amendment to the U.S. Constitution grants the government “eminent domain” over all property within the state, but places three important restrictions on that power. In taking private property, the government must exercise “due process of law,” acquire the property for “public use,” and provide “just compensation” to the owner.
The practice of eminent domain has been used — and abused — throughout U.S. history. When the railroads and many of the Nation’s highways were built, landowners were often told that their properties were condemned, …
In This Issue
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Foreword
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Glossary
Terms Used in Eminent Domain
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Private Property Rights Overview
Background and Congressional Options
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Supreme Court Cases
Decisions Leading up to the Kelo Ruling
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Kelo v. New London
Summary of the Majority Opinion
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Private Property Rights Protection Act
Summary of Proposed Legislation
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Legislative Background
Recent Action on Eminent Domain
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Pro & Con
Should Congress Pass Legislation to Prevent Abuse of Eminent Domain?