Eminent domain is the right of the government or its agent to take private property for public use, with payment of compensation This right is very common in the United States and is seen as a necessary power of the state. It is primarily used by the government to acquire property for public projects such as roads, parks, and other infrastructure.
Eminent domain is often necessary in order to complete a project that is in the public’s interest. In the United States, the government has the power to exercise this right under the Fifth Amendment, which states that private property may be taken for public use, so long as just compensation is provided to the owners. It is important to note that the government does not have an absolute right to exercise eminent domain and must demonstrate that there is a public need for the taking and that just compensation is provided.
Examples of the Government Exercising Its Right of Eminent Domain
1. The Central Artery/Tunnel Project in Boston (1995) - The Massachusetts Department of Transportation completed the Central Artery/Tunnel Project in Boston, which included completing the Big Dig, the largest highway project in American history. The project required the government to use its power of eminent domain and acquire a large amount of private property in order to build the infrastructure.
2. The Kelo v. City of New London (2005) - In this Supreme Court case, the court ruled that the City of New London, Connecticut, could use its power of eminent domain to take private property. The court ruled that the city had a valid public purpose in taking the property, as it was part of a larger redevelopment project that was intended to create jobs and stimulate the local economy.
3. The Columbia River Crossing (2013) - The Washington State Department of Transportation used its power of eminent domain to acquire private property for the Columbia River Crossing project. This project included building a new bridge across the Columbia River to connect the states of Oregon and Washington.
4. The Williamsburg Bridge Park (2015) - The New York City Department of Parks and Recreation used its power of eminent domain to acquire various properties for the creation of a public park in Brooklyn. This park was created for the purpose of providing an open recreational space for locals to enjoy.
5. The Keystone XL Pipeline (2015) - The U.S. Department of State utilized its power of eminent domain to acquire private land for the purpose of constructing the Keystone XL Pipeline. This pipeline was intended to to transport crude oil from Canada to the United States.
Eminent domain is a necessary and important power of the government, as it allows them to acquire private property for projects that are in the public’s best interest. Although it is a controversial power, the government must demonstrate a valid public purpose in order to exercise this power. These five examples are just a few of the many instances in which the government has exercised its right of eminent domain over the years.