More Cities Are Misapplying Eminent Domain

25 July 2001 - 8:00am

Courts question the use of eminent domain to simply transfer property to another private owner.

"Under the right of eminent domain, a government can take private property for 'a public use,' the U.S. Constitution's standard for all takings. Cities, however, have increasingly used their power of eminent domain to transfer property from one business to another in the name of redevelopment, and they have done this by stretching the definition of a public use to include everything from bridges and highways to speedways, casinos and BMW dealers." In a series of cases, U.S. courts are ruling that this expanded use of eminent domain exceeds the intended purpose. Is this a backlash against eminent domain?

Source: Wall St. Journal, July 23, 2001
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Under the proposal, the government would assign the populace the task of counting and mapping dog droppings as a first step to greater penalties for owners who fail to clean up after their mutts.