Author Archives: Tanya Abrahamian

“Just Compensation”: A Tale of the Dirt Farmer and the Island Owner

Eminent domain—It is a term evocative of aristocracy from a bygone era, one that should be written in gilded script that graces an old regal manuscript. This word association is perhaps accurate given what the term represents in legal parlance: the government’s ability to expropriate the territory of its citizens. In the United States, this […]

Forcing the Invisible Hand: The “Public Use” Conundrum– Part II

This essay is part II of a series authored by Tanya Abrahamian looking at the expansion of takings following the Supreme Court’s decision in Kelo v. New London. The essays support a reversion to a narrow conception of public use by describing the economic underpinnings of the authority and by countering what it deems to […]

Forcing the Invisible Hand: The “Public Use” Conundrum–Part I

The Supreme Court’s recent decision in Kelo v. City of New London sanctioned the use of eminent domain authority for private development. This decision was the culmination of a line of cases, each of which gradually eroded the public use constraint articulated in the Fifth Amendment. The first uses of eminent domain, at the time […]