Eminent Domain
Adopted by the Executive Committee on January 26, 2006
WHEREAS, eminent domain is a fundamental and necessary power of government, and
WHEREAS, the purpose of eminent domain is to allow governments to undertake
projects that benefit the whole community, while providing just compensation to property
owners for the value of their property, and
WHEREAS, throughout American history, federal, state and local governments; have
used eminent domain to promote the Nation’s social and economic welfare with the
construction of such essential projects as roads, bridges and schools, and
WHEREAS, eminent domain is also critically important for municipalities to promote
sensible land use, revitalize distressed communities, clean up polluted land, build new
infrastructure, and alleviate the problems of unemp loyment and economic distress by
fostering economic development, and
WHEREAS, economic development, which provides jobs and opportunity to
communities, is a fundamental duty of local governments, and
WHEREAS, one of the biggest obstacles to the revitalization of our metropolitan areas,
which include center cities and older inner-ring suburbs where more than 80 percent of
the nation’s population resides, is the difficulty of assembling parcels of land of sufficient
size to allow for new economic development, and the creation of affordable housing, and
WHEREAS, the absence of appropriate sites often limits opportunities to foster economic
development and create affordable housing in places where needs are most significant,
and
WHEREAS, the United States Supreme Court’s decision in KELO v. New London has
resulted in the examination of the use of eminent domain for economic development at
the local, state and Federal levels, and
WHEREAS, governments should only exercise the power of the eminent domain to
achieve important public development objectives that benefit the community, and
WHEREAS, most private property acquisitions by the government are voluntary,