Eminent domain is the right of the sovereign to take your property. It is an inherent power of government that is necessary for the fulfillment of sovereign functions.
Indeed, one will find nothing in the U.S. Constitution creating the power, only a limitation on its exercise. That limitation is found within the Fifth Amendment to the United States Constitution ” . . . nor shall private property be taken for public use, without just compensation.” These limitations are made applicable to the States by the Fourteenth Amendment. The Fifth Amendment to the United States Constitution was adopted on Dec. 15, 1791. The issue immediately presents itself, did our founding fathers ever consider that it would one day be appropriate to condemn a small family property to build a “ Costco?”
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