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Eminent Domain: A Legal and Economic Analysis

  • Walter E. BlockEmail author
Chapter
Part of the Palgrave Studies in Classical Liberalism book series (PASTCL)

Abstract

The primary concept underlying the US Constitution is that of a limited government whose powers are both checked and balanced. A case in point is the Fifth Amendment, which limits the exercise of eminent domain in two ways: a taking must be for “public use,” and “just compensation” must be paid to the owner. However, the long line of Supreme Court cases culminating in Kelo v. City of New London has successfully obliterated both of those limitations. Citizens whose private property is taken by the government are not justly compensated, nor are those takings limited by “public use.”

Keywords

Eminent domain Kelo v. City of New London Limited government Economic takings 

Copyright information

© The Author(s) 2019

Authors and Affiliations

  1. 1.Loyola UniversityNew OrleansUSA

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