How Eminent Domain May Affect You

Eminent domain may directly affect you someday. If your government decides that seizure of your private land may benefit the community, the power of eminent domain may be used against you. Even if your land has been in your family for generations, you could be forced to sell your property. This property could be turned over for non-governmental use like shopping centers, hotels, etc.

The Expansion of Eminent Domain

Eminent domain was originally used to take land for public works projects (e.g., court houses, roads, military bases, post offices, etc.) Currently, eminent domain is expanding to cover land seizures for commercial use (e.g., shopping malls, apartment complexes, hotels, etc.)

In June 2005, the Supreme Court handed down a landmark 5-4 ruling (Kelo v. New London) that has further strengthened the powers of eminent domain to favor more commercial applications. In this highly controversial decision, the Supreme Court allowed the City of New London, Connecticut to expropriate privately owned residences in the Fort Trumbull neighborhood on behalf of the New London Development Corporation (a private entity under government control) for the construction of a hotel, conference center, etc.

Eminent domain is currently being hotly debated in many states as people and governments try to determine what does and does not meet the “public use” requirement of eminent domain.

What Is Eminent Domain?

Eminent domain is the legal principle that gives your government the power to force you to sell any of your land for public use. The Fifth Amendment to The Constitution requires that your land cannot be taken without just compensation.

Eminent Domain

What are your views on eminent domain? Post your thoughts here.

What Is Castle Doctrine?

Castle doctrine refers to the legal principle that a man’s home is his castle. Generally, a homeowner has a great deal of latitude to defend himself when being attacked by an intruder in his house. Under castle doctrine, a homeowner may have the power to use deadly force to protect himself and his family without the risk of prosecution.

American Castle

Get the full story about homeowner associations at

American Castle
http://americancastle.blogspot.com