Share
(Updated March 2016)
Americans are passionate about their property rights, and disagreements can pit neighbor against neighbor. The issue of eminent domain can arouse the fury of many citizens, who take seriously the last clause of the Fifth Amendment—nor shall private property be taken for public use, without just compensation. The infamous 2005 Kelo v New London Eminent Domain case (the U.S. Supreme Court ruled in favor of New London) generated anger and discussion on both sides of this debate. These articles and links examine property rights, government regulations, eminent domain and much more. (A. Creitz, Information & Web Content Specialist)
Photo by Flickr user mollybob
E - EBSCO articles available for NAR members only. Password can be found on the EBSCO Access Information page.
Property Rights News
New York's highest court will decide a case pitting landowners' property rights against the public's right to paddle down a waterway through private land, (The Republic, Mar. 24, 2016).
Facebook CEO Ends Property Rights Row with No-Suit Vow, (Law360, Mar. 15, 2016).
Federal judge upholds state law allowing surveys of private property for gas pipeline, (Richmond Times-Dispatch, Oct. 1, 2015).
Get off my beach! How the wealthy are laying claim to California's coast, (The Guardian, Oct. 2, 2015).
Grand Central Station owner wants $1.1B for air rights, (Real Estate Weekly Online, Sept. 30, 2015).
Drones Can Be Used To Enforce Property Rights, (Time, July 31, 2015).
Eminent Domain
In 1998, 15 residents in New London, CT resisted attempts by the Pfizer Company to purchase their homes (Pfizer had built a new plant and wanted the additional land to sell to commercial developers). The city cited eminent domain and the case went to the Supreme Court. On June 23, 2005, the Supreme Court ruled in favor of the City of New London in a 5-4 decision.
Dallas City Council Launches Righteous Fight to Halt Eminent Domain Tactics, (The Dallas Morning News, Mar. 25, 2016).
N.J. Town Vows to Fight State Agency's Eminent Domain Seizure of Landfill, (NJ.com.,Mar. 25, 2016).
District of Columbia seeks eminent domain at stadium site, (Washington Times, Oct. 1, 2015).
City to seize and rebuild Coney Island property through eminent domain, (New York Post, Sept. 28, 2015).
City to use eminent domain on NGA site, (St. Louis Business Journal, Sept. 23, 2015).
Report: California Plans To Take Up To 300 Farms By Eminent Domain For Delta Tunnel Project, (CBS Sacramento, Aug. 17, 2015).
Eminent domain: A review of the issues, (Journal of Real Estate Literature, 2009, Vol. 17 Issue 1). E
The frontier of eminent domain, Why aren’t Kelo activists also incensed over natural resource development takings?, (Regulation, Summer 2008).
Kelo's consequences, (Wall Street Journal, June 23, 2007). E
Kelo v. City of New London, (Harvard Law Review, 2006).
"In every civilized society property rights must be carefully safeguarded; ordinarily and in the great majority of cases, human rights and property rights are fundamentally and in the long run, identical." ~ Theodore Roosevelt
Legal & Legislative Issues
Court: Natural shore is Lake Erie property line, (The News-Herald, Sept. 15, 2011).
Property rights limited in budget bill, (Milwaukee Journal Sentinel, June 13, 2011).
The hidden costs of predatory takings, (Realty Times, Feb. 13, 2007).
Playing the takings game: how government regulates away property rights, (The Goldwater Institute, June 13, 2006).
An overview of the U.S. Supreme Court "takings" law, (National Association of REALTORS®—Law and Policy, 1997).
eBooks & Other Resources
Books, Videos, Research Reports & More
The resources below are available for loan through Information Services. Up to three books, tapes, CDs and/or DVDs can be borrowed for 30 days from the Library for a nominal fee of $10. Call Information Services at 800-874-6500 for assistance.
Evicted! Property Rights and Eminent Domain, Adobe PDF eBook
Field Guides & More
These field guides and other resources in the Virtual Library may also be of interest:
Field Guide to Water Rights & Resources Issues
Have an Idea for a New Field Guide?
Click here to send us your suggestions.
The inclusion of links on this field guide does not imply endorsement by the National Association of REALTORS®. NAR makes no representations about whether the content of any external sites which may be linked in this field guide complies with state or federal laws or regulations or with applicable NAR policies. These links are provided for your convenience only and you rely on them at your own risk.