ABSTRACT
The term "eminent domain" refers to the power of a government to compel the transfer of real or personal property from private owners to the government. Confiscation of property by government seemed a throwback to feudal times, when civil liberties were few. Colonial governments also delegated the power of eminent domain to private parties, such as grist mill proprietors and ironwork operators, whose activities were seen as promoting economic growth. The Fifth Amendment to the Constitution implicitly acknowledged the existence of eminent domain by placing limits on its exercise. The Takings Clause of that amendment mandated that government must take property only for "public use" and only upon the payment of "just compensation." In the late nineteenth century, the Supreme Court began to strengthen the protection afforded property owners under the Takings Clause.
