• Pipelines and Eminent Domain [POLICYbrief]
    Articles,  Blog

    Pipelines and Eminent Domain [POLICYbrief]

    Eminent domain is the power of the government to seize private property for public use. Eminent domain is restricted by U.S. and State Constitutions, which require that the private property owner be justly compensated for the taking. Eminent domain does undermine private property rights, almost by definition. But there are many limits to that. Historically, under the Common Law, there’s a bundle of rights we recognize with property and there’s a broad spectrum. Eminent domain could be a complete taking of the individual’s private property. That is, they are now removed from the property and no longer an owner and have no rights at all. Or it could be a…