2016 Spring Newsletter – Public Use – Eminent Domain and Redevelopment

June 23, 2016

The power of eminent domain is well-established black letter law created under the U.S. Constitution’s Fifth Amendment. The original intention of the power was to provide a mechanism for the government to acquire land for public use so long as the property owner was justly compensated. The U.S. Supreme Court’s 1875 case of Kohl v. United States1 was the first time a U.S. court recognized the existence of eminent domain power. Over time, a main controversy surrounding this power has been determining what constitutes actual “public use.”