How to Reform Eminent Domain

Abstract

The Supreme Court's ruling in Kelo v. New London, declining to ban the use of eminent domain for local economic development projects, has triggered a firestorm of criticism. The cause has now been taken up in Congress, where the House has passed a resolution condemning the decision, and legislation has been introduced to overturn it. Much of the criticism of the decision is poorly informed about the history and practice of eminent domain. But the spotlight on the power to take property, and the push to do something to reassure property owners that this power will be held in check, are welcome developments.