Federalism and Libertarians on Eminent Domain

Center Urges U.S. Supreme Court to Protect Property Rights notes the friend-of-the-court brief filed with the U.S. Supreme Court by the presumably libertarian Center for Individual Freedom and Pacific Legal Foundation. Seizing property by emiment domain (“condemnation” or a “taking”) is considered constitutional if (a) it is done for a public purpose, and (b) adequate compensation is provided. The brief argues that the Supreme Court should prevent local governments such as cities from seizing private property under the guise of promoting economic development–i.e., that such takings are not really for a “public purpose”. The problem with the brief is that … Continue reading Federalism and Libertarians on Eminent Domain