Eminent Domain

Written by Jonathan Milner

Definition

The power of government to take private property for public use, as long as it pays the owner "just compensation." The Takings Clause of the Fifth Amendment sets this limit.

Example

In Kelo v. City of New London (2005), the Supreme Court ruled 5–4 that a city could take homes for a private economic development project because it served a public purpose.

 

Questions

  1. Define eminent domain and identify the amendment that limits it.

  2. Explain what "just compensation" means and why the Framers required it.

  3. Describe the outcome of Kelo v. City of New London and why it was controversial.

  4. Explain how eminent domain balances individual property rights against the public good.

  5. Identify two kinds of projects for which governments commonly use eminent domain.

  6. Explain how many states responded to the Kelo decision.

  7. Describe how eminent domain connects to the natural rights described in the Declaration of Independence.

  8. Should a government be allowed to take property for private development that creates jobs? Explain.

  9. What emoji would do a good job of expressing the concept eminent domain?

  10. Translate eminent domain into plain English.

Remember!

Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw eminent domain! Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.

Further Review

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GoPo Glossary

Jonathan Milner

Civics Maven!

https://www.gopopro.com/
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