Amendment V to the U.S. Constitution
"No person shall ... be deprived of ... property, without due process of law; nor shall private property be taken for public use, without just compensation."
Articles
A Man's Home Is His Castle, by Wendy McElroy, Freedom Daily, Jul 2006
"The Castle (1997; directed by Rob Sitch) is also a movie about eminent domain: the so-called right of a government to seize private property for a public use, such as a freeway, in exchange for what the government deems to be fair-market value. Thus the movie's title spins off the maxim, 'A man's home is his castle.'"
"The Castle (1997; directed by Rob Sitch) is also a movie about eminent domain: the so-called right of a government to seize private property for a public use, such as a freeway, in exchange for what the government deems to be fair-market value. Thus the movie's title spins off the maxim, 'A man's home is his castle.'"
An End to Eminent Domain Abuse?, by George C. Leef, Freedom Daily, Apr 2005
Related Topics: Cato Institute, Richard A. Epstein
"Sad to say, governments now routinely take land for projects that can be termed 'public use' only by distorting the meaning of words, and, to make matters worse, the owners seldom receive anything close to 'just compensation.' For many landowners, eminent domain is merely a fancy term for a legal mugging."
Related Topics: Cato Institute, Richard A. Epstein
"Sad to say, governments now routinely take land for projects that can be termed 'public use' only by distorting the meaning of words, and, to make matters worse, the owners seldom receive anything close to 'just compensation.' For many landowners, eminent domain is merely a fancy term for a legal mugging."
Eminent-Domain Chutzpah, by Sheldon Richman, 30 Oct 2006
"The victims of eminent domain are usually working-class people who are forced to sacrifice their homes for the sake of luxury homes and shops. Sure, they get paid something, but it's not a true market price and some of these folks don't want to move at any price."
"The victims of eminent domain are usually working-class people who are forced to sacrifice their homes for the sake of luxury homes and shops. Sure, they get paid something, but it's not a true market price and some of these folks don't want to move at any price."
"Liberal" Court Okays Eminent Domain Abuse, by George C. Leef, 1 Jul 2005
"Going back to 1954, the Court has allowed property seizures where the reason is ... for a private investment where it is alleged that there will be a public benefit. ... Even if some project should prove to be commercially profitable, there isn't much reason to believe that 'the public' will receive 'substantial benefits.'"
"Going back to 1954, the Court has allowed property seizures where the reason is ... for a private investment where it is alleged that there will be a public benefit. ... Even if some project should prove to be commercially profitable, there isn't much reason to believe that 'the public' will receive 'substantial benefits.'"
More Victims of Immigration Control, by Sheldon Richman, 18 Jan 2008
Related Topic: Private Property
Discusses how employers and property owners along the U.S.-Mexico border are also victims of immigration control
"Eminent domain is the doctrine that government is the ultimate landlord of the country and people hold their property at the pleasure of the state. If it wants the land, it can take it. To be sure, the Constitution says it has to pay for the land. But there can be no 'just compensation' in a forced sale. What makes compensation just is consent, which is absent with eminent domain."
Related Topic: Private Property
Discusses how employers and property owners along the U.S.-Mexico border are also victims of immigration control
"Eminent domain is the doctrine that government is the ultimate landlord of the country and people hold their property at the pleasure of the state. If it wants the land, it can take it. To be sure, the Constitution says it has to pay for the land. But there can be no 'just compensation' in a forced sale. What makes compensation just is consent, which is absent with eminent domain."
The Bill of Rights: Eminent Domain, by Jacob G. Hornberger, Freedom Daily, Dec 2004
"The original purpose of eminent domain was to enable government officials to acquire property to establish places from which to run the government ... for example, courthouses. ... the due-process clause of the Fourteenth Amendment incorporates the Bill of Rights and thus applies the restrictions of the Fifth Amendment to the states."
"The original purpose of eminent domain was to enable government officials to acquire property to establish places from which to run the government ... for example, courthouses. ... the due-process clause of the Fourteenth Amendment incorporates the Bill of Rights and thus applies the restrictions of the Fifth Amendment to the states."
The Eminent-Domain Origin of Shenandoah National Park, by Bart Frazier, Freedom Daily, Sep 2006
Related Topic: Virginia
"The establishment of Shenandoah National Park in 1926 is one of the greatest abuses of eminent domain in our country's history. ... It is cases such as this that display the vile nature of government takings, and it would be a proud day for our country should men one day become wise enough to decide that the use of eminent domain should be discarded completely."
Related Topic: Virginia
"The establishment of Shenandoah National Park in 1926 is one of the greatest abuses of eminent domain in our country's history. ... It is cases such as this that display the vile nature of government takings, and it would be a proud day for our country should men one day become wise enough to decide that the use of eminent domain should be discarded completely."
The Supreme Court Repeals the Constitution, by Sheldon Richman, 8 Jul 2005
Related Topic: Constitution of the United States
"As a matter of law, this principle is a vestige of absolute monarchy and is contrary to the libertarian spirit of the American founding. As a matter of logic, no 'just compensation' is possible in a forced sale of property, because the only just price is the one freely negotiated by seller and buyer."
Related Topic: Constitution of the United States
"As a matter of law, this principle is a vestige of absolute monarchy and is contrary to the libertarian spirit of the American founding. As a matter of logic, no 'just compensation' is possible in a forced sale of property, because the only just price is the one freely negotiated by seller and buyer."
The Federal Ripoff, by George C. Leef, Freedom Daily, Nov 2006
Related Topics: Business, Government, Franklin Delano Roosevelt
Review of The Big Ripoff: How Big Business and Big Government Steal Your Money by Timothy P. Carney
"Cheap land is alluring to business, and the prospect of higher tax revenues is alluring to politicians. The fact that eminent domain means the use of force against people — who usually are not fully compensated for their loss — does not trouble either big business moguls or their political henchmen."
Related Topics: Business, Government, Franklin Delano Roosevelt
Review of The Big Ripoff: How Big Business and Big Government Steal Your Money by Timothy P. Carney
"Cheap land is alluring to business, and the prospect of higher tax revenues is alluring to politicians. The fact that eminent domain means the use of force against people — who usually are not fully compensated for their loss — does not trouble either big business moguls or their political henchmen."
Cartoons
Eminent Domination, by Mark Fiore, 3 Aug 2005
Golly, Toto, I Don't Think We're in Kansas Anymore, by Dick Locher, 24 Jun 2005
Herbie Fully Loaded: A Supreme Court Production, by Gary Varvel, 27 Jun 2005
Rest Assured, Your Property Will be Used ..., by Drew Sheneman, 22 Feb 2005
Sold to the Politically Wired Developer, by Chip Bok, 24 Jun 2005
Thanks to Your Ruling on Eminent Domain ..., by Glenn McCoy, 24 Jun 2005
We Have Repeatedly Ruled That Citizens Should be Protected From Government ..., by Stuart Carlson, 24 Jun 2005
Well, If You Have a Better Idea of Where ..., by Drew Sheneman, 24 Jun 2005
Books
Takings: Private Property and the Power of Eminent Domain
by Richard A. Epstein, 1985
by Richard A. Epstein, 1985
- ISBN 0674867289
: Hardcover, Harvard University Press, 1985
- ISBN 0674867297
: Paperback, Harvard University Press, Reprint edition, 2005