Eminent Domain is the power of government to take land from an owner without his consent with just compensation and sufficient notice. It is rooted in the Fifth Amendment of the US constitution that specifically prohibits the taking of property for public use without just cause. It does not mention the taking of property for private use or delineate how such powers should be used.

Many of the great projects proposed by government would have been stopped if it were not for eminent domain. Railroads would not have gone through, superhighways would be able to be stopped by the single owners, and great government buildings would never have been built. There are so many things that are in a common interest to the people as a whole that we can not afford to allow single person veto power over. In the future this will be increasingly important as useful land close to our cities get gobbled up.

Eminent domain for private use will increase over the next few years. When cities want to rebuild their downtowns and main streets, they are often going to face opposition by some people who want to continue the status quo without respect to the interest of everybody else. Some people will always refuse to give up their land, despite the wisdom of the state to use it for a bolder public purpose.

Property rights people claim that the biggest corporations and developers will always win. If government works the way that it should, and takes a balanced perspective from public hearings that are held, then big corporations will only win when the facts are compelling on there side. As shown with St. Lawrence Cement, the big company doesn't always win. The community won when it saw that a Greenport plant would have only negatives for the community. Government can work and as such should be given the power to do great things.

Sometimes a Walmart is a good use for a condemned piece of property. People need cheap goods, and they also need jobs. In an area of urban blight, a Walmart might help things out. The same thing might be said about a Walmart in rural area that once was a farm. The reverse is true: government could condemn a Walmart to put a farm back to better protect open space. A private housing development might be the solution to replacing run-down houses in the south-end. The possibilities are nearly endless.

Ultimately, we need a smart government that listens to public input and creates great projects where they are needed. People should not fear their property being condemned and turned into another more appropriate use for the area, but instead should embrace change. At the same time, government must assist those who are dislocated by such change in finding equivalent housing and other necessary things such as counseling, transportation, and moving expenses. If government works for the people and not against them, then a powerful government is a good thing.