Eminent Domain Takings

The "takings" clause of the 5th Amendment provides: "nor shall private property be taken for public use without just compensation." If it be understood as written, as it should be, it is being misread and misapplied by Congress and the courts, including the Supreme Court. It does not authorize nor prohibit eminent domain takings as such. Indeed, the federal government has no constitutional power of eminent domain. It simply requires that in the event of such a taking, "just compensation" must be provided. Since just compensation was not in issue in the case of Kelo v. New London, the Supreme Court should not have heard it.