Introduction:
The Takings Clause of the Fifth Amendment of the United States Constitution holds that “[no person shall] be deprived of life liberty, or
property, without due process of law; nor shall private property be taken for public use, without just compensation.” An individual’s right to
property is one of the fundamental rights on which this nation was built. Nevertheless, in 2005 the United States Supreme Court found in the
case Kelo v. New London that “public use,” includes private economic development in order to generate more tax revenue for the local
government. Homeowners in New London, Connecticut attempted to stop the city from taking their homes to make way for private
development including a hotel complex and condominiums. The outcome of this case has elicited much controversy and outrage over the
topic of eminent domain and what exactly is constituted as a “public good.”
Research Hypothesis:
It is hypothesized that current law regarding eminent domain transfers property rights to private enterprises without consideration of “the
public good.”
Disciplines:
Law: Law of Eminent Domain [focusing on Supreme Court Ruling/ Current NJ State Law]
Political Science: [Constitutional Law/ American Government and Politics/ State and Local Government]
Sociology: [Political Sociology]
Definitions:
Eminent domain: a right of a government to take private property for public use by virtue of the superior dominion of the sovereign power
over all lands within its jurisdiction.
3
Blight: a deteriorated condition. (As in urban blight).
4
Lobby: to promote (as a project) or secure the passage of (as legislation) by influencing public officials; to attempt to influence or sway (as a
public official) toward a desired action.
5
Police power: the inherent power of a government to exercise reasonable control over persons and property within its jurisdiction in the
interest of the general security, health, safety, morals, and welfare except where legally prohibited.
6
Research Plan:
I plan to explore the politics involved in eminent domain cases as well as abuse of the eminent domain ruling. An interdisciplinary
approach is essential to explore this problem because no single disciplinary perspective can adequately address the issue of eminent domain.
I will conduct my research by examining the issue through the disciplines of Political Science and Law. I would like to outline the history of
eminent domain law up to the present. I will employ political theories on the topic of property rights, such as those of John Locke. I will include
in my research lobbyist groups for eminent domain as well as interest groups which have impacted the law. I will also look into elected public
officials that have favored private enterprises over personal property rights concerning this issue. The term “public good,” found in the ruling is
very vague and leaves a lot of room for different interpretations. I plan to explore various cases following the eminent domain ruling especially
as applied in the State of New Jersey.
3
!Merriam‐Webster, Online,Dictionary,!s.v.!“eminent!domain,”!http://www.mer riam‐webs ter.com/dictionary/!
(accessed!October!5,!20 08).!!
4
!Ibid.,!sv.!“blight.”!
5
!Ibid.,!s.v.!“lobby.” !
6
!Ibid.!s.v.!“police!power.”!