Eminent Domain

Eminent Domain Bill Will Preserve Property From Government Taking

One of the more important pieces of legislation for farmers this session is a bill by Representative Cory Gardner to limit the power of state and local governments to take property by force for public use.

The Fifth Amendment of the Constitution (Bill of Rights) ends with “…nor shall private property be taken for public use, without just compensation.” This Amendment applied only to the Federal government until it was made applicable to the states by the due process clause of the 14th Amendment.

The controversy comes when the property is transferred to another private person for a project of urban renewal or economic development. The Gardner bill is designed to restrict the right of government to take property for other than use if the public, or over-reaching public concerns.