Potential Abuse of Eminent Domain
Letter to the editor

Homeowners in Mission Viejo should be very concerned with the property rights ruling made by the U.S. Supreme Court in June 2005

In what is known as the “Kelo” decision, the court ruled 5-4 that state and local governments can force private property owners to sell their homes and businesses for private development projects under the power of “eminent domain.”

Prior to this “Kelo” case, the Fifth Amendment to the U.S. Constitution allowed private property to be “taken” by governments only for “public use” projects such as public streets, bridges or schools.

The Kelo case expanded “public use” to include “public purpose,” which can include projects that create jobs, clear slums or build auto malls, all done by other private owners and developers. Thus, local city governments can now seize private property (with fair compensation) from small landowners in order to benefit larger landowners.

This court decision was supported by many state and city government organizations. However it was strongly opposed by property owners and property rights organizations that are fearful the Kelo decision will lead to widespread abuse of “eminent domain” by local governments.

Property owners in Mission Viejo should keep a close eye on city and county governments that may attempt to seize private property for some questionable “public purpose” project.

Michael Ferrall, Ph.D.
Mission Viejo