• Expansion of use of Eminent Domain
• Use of eminent domain for redevelopment or not
• Use of eminent domain in UK, France, and Australia
• States limit own eminent domain powers

Background

• Originally, the use of eminent domain was based on a strict interpretation of the term "public use" only allowing for the use of seized property for government buildings, public roads, public utilities, and military installations.
• In the 1954 case, Berman v. Parker, the Supreme Court held that the term "public use" encompassed a broader notion of public benefit than simply providing government facilities, railways and other utilities commonly used by the public. (Source: FindLaw)
• As a result of the decision of Kelo v. City of New London, eminent domain could be used to acquire property so that it may be redeveloped for more lucrative uses that what it is currently. (Source: FindLaw)

Debate

• The issue at hand as been the increased use of eminent domain for reasons not necessarily including public utilities and highways. Some locales have used eminent domain as a means to free up land for redevelopment, in the hopes that it will produce increased tax revenue.
• One side argues that this use, while not the original purpose of eminent domain, is in the best interests of the community as it increases available revenues which can be used for further improvements.
• The other side claims that this is an unjust use of government power as the result is the displacement of poorer citizens and use of their former property for the gain of developers and those with a stake in the redevelopment while the former owners see no benefits.

Country Comparison

• In France, the revolutionary era Declaration of the Rights of Man and of the Citizen mandates that just and preliminary compensation must be offered before seizure, although the government does have the power to seize without compensation if the reasonable offer is refused. (Source: Declaration of the Rights of the Man and of the Citizen)
• In the United Kingdom, the term "compulsory purchase" is used for eminent domain. The landowner is compensated with a price agreed or stipulated by an appropriate, unbiased person.
• In Australia, eminent domain can be used for any reason that the Parliament has power to act in. However, if the use is controversial, the acquisition must be shown to be in the best interest of the town, region, or nation before the move action may go forward. (Source: Australian Constitution)

Recent Legislation

• Since the 2005 Kelo decision, several states have enacted legislation to reduce the state's power to use eminent domain. (Source: Michigan Supreme Court)