Eminent Domain

Paper Summary:

This paper discusses the concept of eminent domain, which allows the government to take property for a lower cost, for a "greater good," such as building a highway. The paper focuses on the case of Kelo v. City of New London, in which the Supreme Court decided on June 23, 2005, that the city could take private residential property as part of a redevelopment plan.

Table of Contents:
Explanation Of "Eminent Domain"
Facts of Kelo v. City of New London
Court's Rationale In Kelo V. New London
Social Context Of Case
Conclusions

From the Paper:

"Kelo v. New London established that eminent domain power on the part of the government can be utilized even to encourage private developments that are beneficial to the bottom line of the city. That "bottom line" might include the increased tax revenues, but also can be interpreted to mean a more attractive neighborhood, newer buildings, or an encouragement of new businesses. Observers have criticized the ruling as giving excessive power to the government to control individual citizens' property; the fact that the decision was 5-4 demonstrates the split nature of opinion on this issue, both in the public as well as in the courts."

Sample of Sources Used:

• Kelo v. New London, 125 S. Ct. 2655 (2005)
• "National Eminent Domain Power," Findlaw annotation 14 in re: Fifth Amendment, accessed 4/24/06. Available at http://caselaw.lp.findlaw.com/data/constitution/amendment05/14.html#3
• Will, George. "Legal Theft in Norwood," Newsweek 4/24/06, p. 94.

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• Research Paper # 113257 : "Real Estate Eminent Domain"

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