ABSTRACT
This chapter resolves the eminent domain-police power muddle and salvages the rule of law. It examines the state, its origins, nature, and proper functions, an examination that will build upon the defense of property rights. Courts should view themselves less as the partner of coequal branches of government, and more as the guardian of individual rights, property rights as well as civil rights. Upon the theoretical scaffolding the chapter proceeds to scrutinize the police and eminent domain powers to determine which if any elements of these assertedly "inherent" powers of government are legitimate. It then explains how a hypothetical, ideal government might operate if deprived of substantial elements of the powers. The chapter finally descends back into the cave and looks at the real world, that is, the United States government. It shows how our land use and takings policies might be revised with the objective of bringing them into greater conformity with the state as conceived in ideal theory.
