A Missed Opportunity to Curtail Eminent Domain Abuse

Source: Foundation for Economic Education
by Rachel Chiu

“Eminent domain is a practice where the government can take private property for ‘public use,’ typically for projects such as highways and government buildings. Takings are expressly limited by the Fifth Amendment, which prohibits private property from being ‘taken for public use, without just compensation.’ That language implies that the government may only use its eminent domain power if the land is taken for public use. In 2005, the Supreme Court infamously expanded the scope of eminent domain when it held that the government could take homes to make way for private development. That case, Kelo v. City of New London, relied on a deeply flawed reading of ‘public use.’ … Bowers could have been the moment that the Supreme Court curtailed eminent domain abuse and restored value to private property rights in the face of government overreach. Instead, it is now a missed opportunity.” (04/10/25)

https://fee.org/articles/a-missed-opportunity-to-curtail-eminent-domain-abuse/