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Eminent Domain
In the United States, eminent domain is the power of the government to appropriate private property for its own use without the owner’s consent. The governmental power is restrained by the Fifth Amendment of the U.S. Constitution, which provides “…nor shall private property be taken for public use, without just compensation.”
In the case of Kelo v. City of New London, the United States Supreme Court ruled in a 5-4 decision that the Fifth Amendment does not prohibit a local city government from using the power of eminent domain to take privately owned property to promote economic development. They also stated that states could impose further restrictions on its exercise of takings power.
In response to this outcome, the Pennsylvania legislature has enacted legislation to protect private property from government seizure through eminent domain.
©Copyright 2012 Pennsylvania Association of Realtors(R)