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t enough. As all systems have a history of abuses and exploitation it is only natural that many ask the court to create criteria that falls under more scrutiny then the current standards of assessment.

The problem with the justification of eminent domain is not just the use of the governmental power but which individuals are continuing to have their property taken from for the purpose of public use. Eminent domain has yet to be invoked on property of the upper class, the city officials, or even skyscrapers. It is always the working class or below. It is understandable if the argument for eminent domain is used for the purpose of “urban renewal” or “blight removal”. It is another situation when the majority of property that falls under eminent domain comes from the working class or lower class solely for the purpose of “redevelopment” or “revitalization”.

In Justice O'Conner's dissent she commented on the implications derived from the Kelo decision. She wrote:

When arguing eminent domain it is only responsible to offer an alternative to eminent domain if the argument condemns the act. An alternative option to eminent domain utilization of land already owned by the government; by doing this the government does not put any undo burden on private property owners. This alternative is limited in the instances where the government does not own any nearby land or the governmentally owned property is situation in an undesirable location. There is also the possibility that the use of land owned by the government inefficient or extremely expensive.

An alternative to assist in the use of eminent domain would be to find property owners who would be willing to sell and assess whether the land is equivalent to the original choice. It would also add that some extent and a level of efficiency by negotiating with willing sellers instead of fighting unwilling property owners. By finding willing property owners the gains would outweigh the costs of the takings process of including litigation, enforcement, and opportunity costs, etc.

Senator Brownback of Kansas summed up the implications of the possible conclusion of eminent domain during the Senate Judiciary Committee hearings on the nomination of Judge John G. Roberts to the Supreme Court. Senator Brownback asked this to future Justice Roberts concerning the interpretation of eminent domain:

Conclusion

At the beginning of the paper several questions where asked. The first question asked, “Has the concept of “public use” been misinterpreted to enhance the benefits of private individuals, or is it that the understanding of “public use” and “public welfare” too vague?” To summarize the view of the courts, the term “public use” was concluded as to be interpreted to that which improves the public welfare. The improvements on public welfare include developments that would enhance the economic situation of public and improve the tax revenue of the community. Public welfare was also concluded to include the improvement of areas identified as “blight”. Such broad concepts of what would benefit a society could easily fall into misuse. It would be wise of both the Courts and the legislation to remember that the act of eminent domain is not merely acquiring someone's property, but someone's home. It is not the intention of the owners of property that have fallen under an eminent domain order to sto