https://www.youtube.com/watch?v=TG61nflAI7E Aug 20, 2015 In 2005, the US Supreme Court took on the most important property rights case in the history of our country. The Kelo case pitted homeowners in New London, CT against city officials who wanted to use the power of eminent domain to redevelop the area in the hope of creating jobs and increasing tax revenues. The homeowners resisted, arguing that eminent domain power should only be used for public projects like roads and schools. Ultimately, however, the Court upheld the city's right to turn over the homeowners' property to private land developers. Since that ruling, the use of eminent domain to transfer property from one private owner to another private owner has increased dramatically. The controversial Kelo v. New London decision sparked a nation-wide debate about the importance of property rights that continues today. Eminent Domain tells the real-life stories of three Americans fighting to prevent their property from being taken in the name of redevelopment. Eminent Domain covers numerous educational standards across several subject areas including Language Arts, Media/Technology, and Social Studies for Grades 4-12. To learn more about this educational program, and which standards it covers specific to your grade, subject area, and which standards your district is using, visit our izzitEDU educational program summary section for this video here: https://www.izzit.org//products/detail.php?video=eminent_domain
Amendment Five: “…nor shall private property be taken for public use, without just compensation.”
According to the film, why was the Constitution written?
What did the Founders believe about property rights?
What is eminent domain?
Which of our founding documents grants the power of eminent domain to government?
Does eminent domain give the government the power to take your property even if you don’t want to sell?
According to the Constitution, which two conditions must be met for the government to exercise eminent domain?
How has “public use” traditionally been defined? Give examples.
Since the Supreme Court ruled in favor of a Washington, D.C. urban renewal project in 1954, how has eminent domain been used in a dramatically different way?
Who is Bruce Broadwater? Why is he in favor of using eminent domain for redevelopment?
What are journalist Steven Greenhut’s views about “just compensation”?
What does the city of Arcadia, CA want to do with the property belonging to the owner of Rod’s Grill?
What has been the most important and controversial eminent domain case in United States history? Who won? Was it a unanimous decision?
What was the impact of the Supreme Court’s decision in the 2005 eminent domain case?
What has happened at the state level in response to the 2005 Supreme Court ruling?
Eminent Domain Articles
Amendment Five:...nor shall private property be taken for public use, without just compensation.
https://www.sandiegouniontribune.com/sdut-escondido-20-homes-jeopardized-by-bear-valley-2009feb27-story.html David Garrick in this February 27, 2009 Union Tribute article reports about a local example of how eminent domain, a power granted to government for public use by the Fifth Amendment, affects people.
https://www.sandiegocounty.gov/content/sdc/dpw/engineering/topprojects/bear-valley-parkway-widening.html.html shows an image of the 2017 completed road that used eminent domain for public use.
https://www.sandiegouniontribune.com/sdut-vista-city-wants-to-redevelop-motel-property-2009oct31-story.html Cigi Ross explains in this October 31, 2009 Union Tribute article reasons that the property owner is not interested in selling his motel to the city of Vista.
https://www.nytimes.com/2009/11/13/nyregion/13pfizer.html Patrick McGeehan in the November 12, 2009 New York Times article explains how Pfizer is leaving New London after their tax reductions are set to expire.
https://www.latimes.com/archives/la-xpm-1987-07-08-me-2485-story.html David Reyes in this July 8, 1987 LA Times article explains how the Anaheim City Council postponed a redevelopment project after angry residents showed up at a meeting.
https://www.latimes.com/archives/la-xpm-1987-07-08-me-2485-story.html David Boaz explores the topic of eminent domain in this August 19, 2015 The Guardian editorial.
https://ceqanet.opr.ca.gov/2016111060/2 Mar 24, 2017 "The residential development would entitle a new single-family residential subdivision consisting of 55 residential lots ranging from approx. 10,000 sq. ft. to 24,500 sq. ft. The residential development also includes eight open space lots (Open Space Lots "A" to "H") that total 20.02 acres. The residential development would provide half-width frontage improvements on the eastern side of Bear Valley Parkway which would include adding a north-bound travel lane for approx. 2,600 feet as well as a curb, gutter, sidewalk, parkway, and bike lane. The specific Alignment Plan (SAP) identifies full-width improvements for improvements for Bear Valley Parkway from Sunset Drive to the City boundary." California Environmental Quality Act CEQA
https://www.foxnews.com/politics/seized-property-sits-vacant-nine-years-after-landmark-kelo-eminent-domain-case Fox News in this December 20, 2015 story explains that the 90-acre plot still remains vacant.
https://www.pasadenastarnews.com/2011/04/09/proposed-arcadia-land-deal-would-enable-rusnak-dealership-to-expand-minus-popular-diner-site Brenda Gazzar explains in this April 9, 2011 Pasadena Star-News article that the Redevelopment Agency will not use eminent domain to acquire Rod's Grill.
https://www.youtube.com/watch?v=y2AS3PYRGUw Nov 8, 2018 Wreck-It Ralph wasn't the bad guy. He was a victim of abusive policy. Find out why by watching our latest Out of Frame! Written, Produced & Edited by Sean W. Malone Edited by Arash Ayrom https://fee.org/articles/abuse-of-power-how-government-misuses-eminent-domain | https://fee.org/articles/trump-s-huge-mistake-about-eminent-domain | https://fee.org/articles/eminent-domain-for-private-gain-is-terrible-and-cruel-even-if-it-works | https://ij.org/issues/private-property/eminent-domain Foundation for Economic Education youtube.com/@FEEonline/videos
Unintended Consequences: Eminent Domain Viewing Guide Key
According to the film, why was the Constitution written? The Constitution was written to protect individual rights from government power.
What did the Founders believe about property rights? The Founders believed property rights to be one of the most important individual rights.
What is eminent domain? Eminent Domain is the concept of government taking private property for public use with just compensation.
Which of our founding documents grants the power of eminent domain to government? Fifth Amendment to the Constitution grants the power of eminent domain to government.
Does eminent domain give government the power to take your property even if you don’t want to sell? Yes, eminent domain gives government the power to take your property even if you don’t want to sell.
According to the Constitution, which two conditions must be met for the government to exercise eminent domain? The two conditions which must be met for the government to exercise eminent domain are: 1) Must be for public use 2) Owners must be paid just compensation
How has “public use” traditionally been defined? Give examples. Some examples of “public use” are schools, roads, hospitals, reservoirs, and police departments.
Since the Supreme Court ruled in favor of a Washington, D.C. urban renewal project in 1954, how has eminent domain been used in a dramatically different way? Since the 1954 Supreme Court ruling, eminent domain has been used to transfer property from one private owner to another private owner.
Who is Bruce Broadwater? Why is he in favor of using eminent domain for redevelopment? Bruce Broadwater is the City Councilman and former Mayor of Garden Grove, CA. He believes the city is responsible for maintaining housing stock and eminent domain is a good tool for redevelopment. Developers bring higher tax revenue to the city.
What are journalist Steven Greenhut’s views about “just compensation”? Steven Greenhut believes that owners often do not receive just compensation when governments exercise eminent domain.
What does the city of Arcadia, CA want to do with the property belonging to the owner of Rod’s Grill? The city of Arcadia, CA wants to make Rod’s Grill property into a parking lot for a car dealer to increase tax revenue.
What has been the most important and controversial eminent domain case in United States history? Who won? Was it a unanimous decision? The most important and controversial eminent domain case in U.S. history was Kelo vs. New London, CT. New London won. No, the decision was 5 to 4. What was the impact of the Supreme Court’s decision in the 2005 eminent domain case? The Supreme Court’s decision in the 2005 eminent domain case resulted in a dramatic increase in the use of eminent domain for economic development.
What has happened at the state level in response to the 2005 Supreme Court ruling? Concerned citizens have spoken out in response to the 2005 Supreme Court ruling. At least 30 states have placed new limits on eminent domain use.