The Implications of Eminent Domain in a Post-Kelo World

Abstract

Eminent domain has been a government power for centuries. In most cases, eminent domain is used to provide essential public goods. Using it for the advantage of private entities is hotly debated. The 2005 U.S. Supreme Court decision in Kelo vs. New London allowed the use of eminent domain for privately driven endeavors. By examining the holdout problem, compensation and the effects of the Kelo case, national reform is determined as the best solution to private/public ventures using eminent domain.