Eminent Domain and Zoning Restrictions

The average American property owner works hard to obtain property with hopes of having absolute ownership. Property rights, ideally, should be absolute, meaning there should be no limits on ownership. Ownership is defined as the state or fact of legal possession and control over property. When an owner loses control over their property, their rights and ownership are effectively deprived.

Zoning laws, while intended to protect public health, safety, morals, and general welfare, often lead to regulatory takings, increase ownership restrictions and can be seen as violations of property rights to the private owner. These laws are common restrictions on property rights, making it clear that property rights are not currently absolute and do have limits.

Property rights are essential to the rights of every American citizen and resident in our city. The use of eminent domain and zoning restrictions should indeed aim to protect the general welfare. However, these tools often infringe upon the rights of private property owners. Abuse of eminent domain is a frequent issue.

The Fifth Amendment of the United States Constitution mandates that if the government takes private property for public use, it must provide "just compensation." The terms "public use" and "just compensation" are often discretionary. Eminent domain should only be used for clear public maximized benefits. It is unjust to take private property without public agreement and without providing solutions that genuinely benefit public welfare, such as general defense, access to water, and other essentials the government must ensure for the people. Eminent domain should be a last resort to protect the public’s welfare.