EMINENT DOMAIN: INTERPLAY OF ETHICS, LAW, ECONOMICS, GOVERNMENT FINANCES, AND PUBLIC POLICY

Abstract

The 5th Amendment provides that no man “… be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” From this provision the issue of whether the government should be able to take private land and redistribute it to private industry has arisen. The Supreme Court case of Kelo v. City of New London declared the use of eminent domain to foster economic development through private transactions to be constitutional. In November 2011, Mississippi became the 44th state to limit government’s power on eminent domain. This study looks at the history of private property rights, ethical considerations, and some determinants of voters’ preference in limiting the government’s attempt to use eminent domain to confiscate private property.
“The law has placed the collective force at the disposal of the unscrupulous who wish, without risk, to exploit the person, liberty, and property of others. It has converted plunder into a right, in order to protect plunder.” Frederic Bastiat, The Law