Fully Compensating Eminent Domain Sellers When Economic Development Is the Public Use

Abstract

Eminent domain is one of the more controversial functions of government. The functioning of good government that accomplishes together what people cannot accomplish individually is at the heart of eminent domain. Unfortunately, its exercise often conflicts with individual freedom and property rights. Judicial rulings have given legislative bodies wide latitude on which to base the “public use” requirement of the 5th Amendment. Many steps have been suggested to protect property rights where the definition is too broad, but none seems to be workable. Here I suggest two methods of more properly compensating property owners when economic considerations are applied.