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.