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p or halt local progress, but merely defend themselves from a perceived threat.

If it is viewed that eminent domain has been abused this does not mean that a solution to eminent domain takings be solved by eliminating eminent domain for economic development across the board. Eminent domain is a vitally important tool. Many communities face the problem of absentee owners who hold decaying properties that stand in the way of redevelopment plans and other “urban renewal” plans. Again, the problem faced is whether or not such specific redeveloping plans like “urban renewals” fall under the purview of the takings clause of the Fifth Amendment. From one side of the spectrum if “urban renewals” were found to assist economic development and fell under “public use” (as currently upheld by the Supreme Court) then such takings to beautify certain parts of the community for the sake of aesthetics is legally and constitutionally supported.

The cases spoken about previously gave the illusion that eminent domain is being badly abused; nevertheless, it is not the purpose of this thesis to make that statement. The cases were used to show the development of the Constitutional concept of eminent domain not to report on the state of it. The cases used were found within the primary source documents on the subject of eminent domain and can not be escaped. There is a divide among informed individuals on the subject as to whether or not the eminent domain policy of the Fifth Amendment of the United States Constitution should be understood broadly or literally. If eminent domain is understood in a broader sense then there is no abuse being done to the eminent domain policy. However, if one interprets the Fifth Amendment policy to indicate a more literal meaning then there is disagreement with the decisions made in the past by the Supreme Court and its justices.

The necessity of eminent domain is not in question; it is criticized, but not questioned. What is being criticized is when given the power to acquire private property should procedures be taken to limit the level and frequency in which it is used? The previous court cases demonstrated how the Supreme Court widened the interpretation of the Fifth Amendment. Illustrating instances where the power of eminent domain went from the authority to build government buildings to seizing and redistributing property to alleviating “blight”. Then that power was extended again to seizing and redistributing property to improve the economy and the government's tax base as was one of the purposes of the Poletown eminent domain order.

In Berman v. Parker, (1954) the term “urban renewal” entered into the debate of eminent domain. Arguing that a development plan of “urban renewal” was justified by the “public use” and “public welfare” phrases in the Taking Clause. In the Poletown Neighborhood Council v. City of Detroit, (1981) the Supreme Court upheld the eminent domain order under the argument that the chance to add additional jobs to the community outweighed the homes lost in the redirection. Kelo v. City of New London, (2005) proved to the Supreme Court private property rights can be defeated by a more general interpretation of the term “public use” Whatever the eventual verdict is on how to interpret eminent domain it would be wise to see what the founding fathers had to say on private property for both the government and the governed.