Protect The Harvest | “Eminent Domain” Hijacked by Environmental Extremists to Seize and Control Land

“Eminent domain” is the process through which a government seizes private property for public use or the “public good,” with or without consent of the owner, or compensation. Originally known by the Latin term Eminenes Dominium, eminent domain can be traced to 17th century English common law.

Although eminent domain has been in existence for centuries, and has been debatably necessary in the development of communities, America’s founding fathers knew all too well eminent domain could be abused, and the Fifth Amendment of the Constitution includes the phrase: “nor shall private property be taken for public use, without just compensation.” In other words, in the United States, if a government seizes property, a fair price must be paid.

Despotic Power

Yet, the utilization of eminent domain throughout United States history has not been without controversy. In fact, an early Supreme Court case, VanHorne’s Lessee v. Dorrance (1795) referred to it as “the despotic power.” The use of eminent domain is not limited to the federal government and can be utilized by state, county, and city governments as well.

Historically, eminent domain was used for projects that directly benefited the public, such as roads, bridges, parks, public buildings, and other facilities or infrastructure. However, as time passed the power of eminent domain was expanded by the courts.