Eminent domain is an exercise of the power of government or quasi-government agencies (such as airport authorities, highway commissions, community development agencies, and utility companies) to take private property for public use.

On June 23, 2005, the case of Kelo v. New London was decided by the Supreme Court regarding eminent domain used and given to another private party. While upholding eminent domain for economic development purposes as a "public use" under Connecticut's statute, the court emphasized that "nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power."

Several States have enacted legislation further defining proper use of eminent domain as a result of the above decision. However, this opened the door for eminent domain to be used in case of taking private propery and giving to other private properties if felt it was in the "public good." "Public good" usually involves higher property taxes...

Obvious where I stand on the issue, isn't it? :)

This is a Cato Instutite Debate on property rights prompted by the above Supreme Court case. The debate is between Timothy Sandefur and John D. Echeverria; moderated by Roger Pilon.


(86 minutes) (Sep 19th, 2006)