According to August LANDTHINK Pulse results, 95% of respondents feel strongly that local governments should not be allowed to use eminent domain for private economic development. The government has long had the power to seize private property under eminent domain for public benefit. The Fifth Amendment of the U.S. Constitution requires that just compensation (determined by fair market value) be provided to the owner of the property. This right of the government allows property to be taken and used to build things such as new roads, a school, or public facility.
Last month, the August Pulse asked: Should local governments be allowed to use eminent domain for private economic development?
It was the general consensus of the LANDTHINK audience that eminent domain is harmful and overly abused. Our informal online survey revealed that 95% of those responding said “NO”, local governments should not be allowed to use eminent domain for private economic development. A mere 5% of our audience answered “YES”, local governments should be allowed to use eminent domain for private economic development. The process by which land is seized by the government is known as “condemnation”, and it has grown into an unchecked power. A long history of court rulings has allowed for an epidemic of abuse of the process used by the government. In recent years, we haven’t heard of many new court cases regarding the abuse of eminent domain, but there’s been a resurgence in complaints by home and business owners, who have been dispossessed by the process and are now challenging it. Many have seen their land end up in the hands of private developers, and used to build condominiums, apartment complexes and office buildings.
Here are the final results:
- 95% said NO, local governments SHOULD NOT be allowed to use eminent domain for private economic development
- 5% said YES, local governments SHOULD be allowed to use eminent domain for private economic development
Thank you to everyone who participated and shared the Pulse with friends and connections in the land industry.
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