The case against eminent domain

"The Takings Clause is a part of the Fifth Amendment to the United States Constitution, and it says that if the government wants to take away someone's private property, they have to do it in a way that's fair. Most of us grew up hearing adults say that life isn't fair. And they're right-it isn't. Neither is an authority forcing you to give up your property for whatever they think is fair."

"In the years leading up to the American Revolution, the British government had a policy of taking land from private citizens and giving it to favored individuals or companies for economic development. This practice, known as eminent domain or expropriation, was a major source of frustration for colonists, who were aghast at the violation of their property rights."

"The Proclamation of 1763 forbade American colonists from settling west of the Appalachian Mountains, because British officials might move to the colonies and want some land. This policy prevented colonists from using the land for farming or hunting, and was one of the factors that contributed to the war for independence. The overreach by a central authority was fresh in Americans' minds when the Virginia Declaration of Rights was adopted in 1776."

In many states, local governments can force homeowners to leave if a different development promises higher tax revenue. The Takings Clause of the Fifth Amendment requires government takings of private property to be fair and for public use, but interpretations vary. Courts allow takings for public benefits like roads or parks, and sometimes for economic development, which can displace residents. Historical grievances over land seizure by British authorities helped shape early American protections for property. The Proclamation of 1763 and colonial-era expropriations motivated constitutional emphasis on property rights in documents like the Virginia Declaration of Rights.

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