Is Eminent Domain Being Abused As A Hot Button Political Issue?

Mark Alan Hughes takes on politicians who plan to use legislation limiting the use of eminent domain as a means to mobilize voters. Hughes points out that Kelo didn’t really change anything about the use of eminent domain.

1 minute read

November 9, 2005, 12:00 PM PST

By margywaller


In this column, Hughes notes that while 35 states are working on “legislation limiting or abolishing eminent domain”, the Kelo decision “did not expand the jurisprudence of eminent domain beyond the settled practice of the past 50 years. The court has not spawned some new demon that will devour our homes unless elected officials come riding to our rescue.”

Instead, what politicians are attacking “here is not eminent domain but our faith that government is capable of defining a public use....The use of eminent domain must be well regulated and always demands just compensation. But an assault on eminent domain itself is an assault on our ability to govern ourselves. If we can't define a public purpose, then all government action is illegitimate.

It's just another attack on the idea that government can improve the lives of ordinary people and their communities.”

Thanks to Margy Waller

Tuesday, November 8, 2005 in The Philadelphia Daily News

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Bird's eye view of manufactured home park.

Manufactured Crisis: Losing the Nation’s Largest Source of Unsubsidized Affordable Housing

Manufactured housing communities have long been an affordable housing option for millions of people living in the U.S., but that affordability is disappearing rapidly. How did we get here?

March 25, 2025 - Shelterforce

U-Haul truck on road with blurred grassy roadside in background.

Americans May Be Stuck — But Why?

Americans are moving a lot less than they once did, and that is a problem. While Yoni Applebaum, in his highly-publicized article Stuck, gets the reasons badly wrong, it's still important to ask: why are we moving so much less than before?

March 27, 2025 - Alan Mallach

Close-up of rear car bumper in traffic on freeway.

Research Shows More Roads = More Driving

A national study shows, once again, that increasing road supply induces additional vehicle travel, particularly over the long run.

March 23, 2025 - Road Capacity as a Fundamental Determinant of Vehicle Travel

Aerial view of Grants Pass, Oregon with fall foliage and hills in background with a cloudy sky.

Judge Halts Enforcement of Anti-Homeless Laws in Grants Pass

The Oregon city will be barred from enforcing two ordinances that prosecute unhoused residents until it increases capacity and accessibility at designated camping sites.

1 hour ago - Street Roots

Colorful murals on exterior of Hollywood High School in Los Angeles, California against night sky.

Advancing Sustainability in Los Angeles County Schools

The Los Angeles County Office of Education’s Green Schools Symposium brings together educators, students, and experts to advance sustainability in schools through innovative design, climate resilience strategies, and collaborative learning.

2 hours ago - Los Angeles County Office of Education

Rusty abandoned oil well and equipment with prickly pear cactus next to it in West Texas.

Using Old Oil and Gas Wells for Green Energy Storage

Penn State researchers have found that repurposing abandoned oil and gas wells for geothermal-assisted compressed-air energy storage can boost efficiency, reduce environmental risks, and support clean energy and job transitions.

3 hours ago - Pennsylvania State University