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Eminant Domane

The definition of eminent domain according to Webster's Dictinary is "the power of a government to take private property for public use; the 5th Amendment of the US Constitution and articles in many state constitutions allow this practice provided that just compensation is made". (1) Recently the subject of eminent domain has become the subject of much debate because of a recent Supreme Court decision called Kelo v. City of New London. In this case the Supreme Court has interpreted the 5th Admendement to mean that Government has the right to use the power of emanate
domain to transfer land from one private owner to another to further economic development in blighted areas.
The Kelo case, as it is now referred, was the city of New London, Connecticut trying to evict homeowner Susette Kelo and six other families who were trying to keep the municipality from condemning their homes for use as part of a redevelopment project. This project is to be a $270 million global research facility built by the pharmaceutical giant Pfizer. (2) Kelo and her neighbors filed suit, arguing their property rights were being violated by developers who had a lot of political power and that it is not just for the government to seize property for a private company's economic gain. In the past property had been seized under eminent domain for the purpose of public good, such as widening of roads, schools and public parks, however now many fear that any large company will now have the ability to "buy" their way onto private property.
The Supreme Court however decided that the city could go forward with the project and condemn the homes. Justice John Paul Steven wrote for the majority stated that "Promoting economic development is a traditional and long-accepted function of government." (3) However writing the decent in this case Justice Sandra Day O'Conner stated that "Any property may now be taken for the benefit of another private party, but the fallout from this...

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