Congressional Digest

Congressional Digest January 2006 No. 1 Vol. 85
Re-examining Eminent Domain

Re-examining Eminent Domain

The Conflict Between Private Property and Economic Development

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Excerpt

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, …

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