Governments at all levels have long used eminent domain to confiscate property from Americans for “public use” under the Fifth Amendment to the U.S. Constitution.
The exact language in the Constitution is “nor shall private property be taken for public use, without just compensation.”
“Public use” generally refers to roads, bridges, and utilities.
But what happens when this authority is used to take private property for private use?
In 2005, the U.S. Supreme Court considered this concept in Kelo v. City of New London where it narrowly ruled that the government could take your property in the name of economic development.
In other words, you could be forced to take a check and move because the government wanted to help a private business move onto your land.
This is morally outrageous, but it has been legally allowed for nearly two decades.
But the Institute for Justice (IJ) seeks to change that.
IJ is asking the Supreme Court to hear their case, Bowers v. Oneida County Industrial Development Agency, in an attempt to overturn Kelo.
In this case, a government agency in New York abused eminent domain laws to take land from Bryan Bowers and Mike Licata who planned to build an office building.
The government wants to build a parking lot (to benefit the local economy, of course) in the exact location where Bryan Bowers and Mike Licata are planning to build an office building.
However, once the government took the land from the private citizens, they quickly posted signs prohibiting the public from accessing the property.
Clearly, this taking wasn’t for public use.
It was a blatant violation of property rights and a clear abuse of power.
This isn’t the only instance of abusing eminent domain powers.
Four states in the midwest have consented to allowing Summit Carbon Solutions to take land from citizens in order to build a federally-subsidized carbon capture pipeline as part of the socialist Green New Deal.
Citizens must stand up to the government and their overreach or things will continue to get worse.