Unintended Consequences: Eminent Domain Viewing Guide

Eminent Domain Articles

Amendment Five:...nor shall private property be taken for public use, without just compensation.

• ESCONDIDO: 20 homes jeopardized by Bear Valley widening project - David Garrick in this February 27, 2009 Union Tribute article reports about a local example of how eminent domain, a power granted to government for public use by the Fifth Amendment, affects people.
• Bear Valley Parkway North Widening Project shows an image of the 2017 completed road that used eminent domain for public use.
• VISTA: City wants to redevelop motel property - Cigi Ross explains in this October 31, 2009 Union Tribute article reasons that the property owner is not interested in selling his motel to the city of Vista.
• Pfizer to Leave City That Won Land-Use Case - Patrick McGeehan in the November 12, 2009 New York Times article explains how Pfizer is leaving New London after their tax reductions are set to expire.
• 1,600 Residents Force Anaheim to Delay Vote on Redevelopment Plan - David Reyes in this July 8, 1987 LA Times article explains how the Anaheim City Council postponed a redevelopment project after angry residents showed up at a meeting.
• Donald Trump's eminent domain love nearly cost a widow her house - David Boaz explores the topic of eminent domain in this August 19, 2015 The Guardian editorial.
• 661 Bear Valley Parkway Environmental Impact Report March 2017 is not an example of eminent domain. Instead, a private landowner is working with the city to develop a housing project that will increase the number of driving lanes.
• Seized property sits vacant nine years after landmark Kelo eminent domain case - Fox News in this December 20, 2015 story explains that the 90-acre plot still remains vacant.
• Proposed Arcadia land deal would enable Rusnak dealership to expand, minus popular diner site Brenda Gazzar explains in this April 9, 2011 Pasadena Star-News article that the Redevelopment Agency will not use eminent domain to acquire Rod's Grill.
• Wreck it Ralph was NEVER the Bad Guy is a 11:52 minute video by the Foundation for Economic Education that was posted on November 8, 2018 and explains how Ralph was the victim of abusive policy.

Unintended Consequences: Eminent Domain Viewing Guide

Amendment Five: …nor shall private property be taken for public use, without just compensation.

1. According to the film, why was the Constitution written?
2. What did the Founders believe about property rights?
3. What is eminent domain?
4. Which of our founding documents grants the power of eminent domain to government?
5. Does eminent domain give government the power to take your property even if you don’t want to sell?
6. According to the Constitution, which two conditions must be met for the government to exercise eminent domain?
7. How has “public use” traditionally been defined? Give examples.
8. Since the Supreme Court ruled in favor of a Washington, D.C. urban renewal project in 1954, how has eminent domain been used in a dramatically different way?
9. Who is Bruce Broadwater? Why is he in favor of using eminent domain for redevelopment?
10. What are journalist Steven Greenhut’s views about “just compensation”?
11. What does the city of Arcadia, CA want to do with the property belonging to the owner of Rod’s Grill?
12. What has been the most important and controversial eminent domain case in United States history? Who won? Was it a unanimous decision?
13. What was the impact of the Supreme Court’s decision in the 2005 eminent domain case?
14. What has happened at the state level in response to the 2005 Supreme Court ruling?

Unintended Consequences: Eminent Domain Viewing Guide Key

1. According to the film, why was the Constitution written? The Constitution was written to protect individual rights from government power.
2. What did the Founders believe about property rights? The Founders believed property rights to be one of the most important individual rights.
3. What is eminent domain? Eminent Domain is the concept of government taking private property for public use with just compensation.
4. Which of our founding documents grants the power of eminent domain to government? Fifth Amendment to the Constitution grants the power of eminent domain to government.
5. Does eminent domain give government the power to take your property even if you don’t want to sell? Yes, eminent domain gives government the power to take your property even if you don’t want to sell.
6. According to the Constitution, which two conditions must be met for the government to exercise eminent domain? The two conditions which must be met for the government to exercise eminent domain are: 1) Must be for public use 2) Owners must be paid just compensation
7. How has “public use” traditionally been defined? Give examples. Some examples of “public use” are schools, roads, hospitals, reservoirs, and police departments.
8. Since the Supreme Court ruled in favor of a Washington, D.C. urban renewal project in 1954, how has eminent domain been used in a dramatically different way? Since the 1954 Supreme Court ruling, eminent domain has been used to transfer property from one private owner to another private owner.
9. Who is Bruce Broadwater? Why is he in favor of using eminent domain for redevelopment? Bruce Broadwater is the City Councilman and former Mayor of Garden Grove, CA. He believes the city is responsible for maintaining housing stock and eminent domain is a good tool for redevelopment. Developers bring higher tax revenue to the city.
10. What are journalist Steven Greenhut’s views about “just compensation”? Steven Greenhut believes that owners often do not receive just compensation when governments exercise eminent domain.
11. What does the city of Arcadia, CA want to do with the property belonging to the owner of Rod’s Grill? The city of Arcadia, CA wants to make Rod’s Grill property into a parking lot for a car dealer to increase tax revenue.
12. What has been the most important and controversial eminent domain case in United States history? Who won? Was it a unanimous decision? The most important and controversial eminent domain case in U.S. history was Kelo vs. New London, CT. New London won. No, the decision was 5 to 4. What was the impact of the Supreme Court’s decision in the 2005 eminent domain case? The Supreme Court’s decision in the 2005 eminent domain case resulted in a dramatic increase in the use of eminent domain for economic development.
13. What has happened at the state level in response to the 2005 Supreme Court ruling? Concerned citizens have spoken out in response to the 2005 Supreme Court ruling. At least 30 states have placed new limits on eminent domain use.