Public Takings
An Expert View on Battles Over Eminent Domain
The concept of eminent domain — that is, the right of the government to force private citizens to sell their property to the government or a government-sanctioned entity — is embedded in the Fifth Amendment of the U.S. Constitution ("nor shall private property be taken for public use, without just compensation"). Historically, this practice has been reserved for the purchase of land for clear-cut government projects, such as roads, schools, bridges, and courthouses. In the 1954 case of Berman v. Parker, however, the U.S. Supreme Court broadened the idea of "public use" to include the purchase of private property in…
