compensation” ideally results in that per-son;being;forced;to;sell;for;fair;market
value, which can be based on a variety
area, rental income value, best use value
Again, for legitimate “public use,” this
states, such power is limited to public
over ExxonMobil or a manufacturing
operation, common sense would seem to
could be concocted, there would at least
Regrettably,;there;has been;an;unfor-tunate development that turns more than
200 years of eminent domain jurisprudence on its head. In Kelo v. City of New
More important, the city condemned the
the property to a private developer so he
on the property owner’s lot and surround-ing;properties.;The;so-called;“public;use”
cited by the city was that it would increase
sales and property tax revenues.
the Court cited several prior cases where
property that ultimately ended up in the
18 The one case it
where the properties were purchased by
19 Thus, the initial
In summation, the 5th Amendment
provides express protections for many
of;our;most;sacred;rights.;But;ultimate-ly it is our duty as American citizens to
been devalued by case law and what some
electing lawmakers who know and respect the Constitution and who are com-mitted;to;appointing;judges;to;the;courts
we be able to properly protect our most
sacred constitutional protections.
Questions for Discussion
circumstances would you consider as
it increase your property valuation
contest;its;decision?;What;is;the;abil-ity to contest such an action called,
Kevin Mark Smith is an allied attorney with
the Alliance Defending Freedom in Wichita, Kansas, where he lives with his wife and
three daughters. He writes often on the law,
homeschooling, and issues of importance to
Christians, families, and conservatives on
1.;Miranda v. Arizona, 384;U.S.;436,;Syl.
4.;Miranda v. Arizona, 384;U.S.;436,;467-473.
9.;Berghuis v. Thompkins,;130;S.;Ct.;2250;(2010).
10.;Maryland v. Shatzer,;130;S.;Ct.;1213;(2010).
11. Oregon v. Mathiason, 429 U.S. 492, 494-95
13. See, e.g., Rock v. Arkansas, 483 U.S. 44, 49
14.;See, e.g., Griffin v. California,;380;U.S.;609,;612-
15.;See Jonathan;Hoenig,;Hugo Chavez’s Control:
Property Rights in Venezuela,;Fox;News;Online
17.;Kelo v. City of New London,;545;U.S.;469,;473
personal property is eminent domain.