Eminent Domain and the GOP Primary Race

The Tennessee Valley Authority exercised its power of eminent domain and condemned the town of Paradise, in Muhlenberg County. It bought out the residents, and razed all the houses and other structures to solve an air pollution problem created by a local coal fired power plant. Photo: Kentucky Photo File |FlickrCC.
If you’ve been following the Republican primary closely, you may be aware that eminent domain has become a hot-button issue for aspiring presidential nominees. It’s a legal procedure that rarely affects the average voter. Trump, Cruz, and Paul are, at least, concerned with it.
Eminent domain is a process by which the government (local or federal) can seize private land for public use, such as building roads, airports, power lines, and so forth. The Supreme Court ruled in 2005 that local governments might legally force owners to sell land, if doing so could foster economic growth and serve the public good. That ruling has some people, especially in New Hampshire, quite concerned.
Trump had the right of it when he admitted that, without eminent domain, we wouldn’t have highways, schools, and a number of other important public services. Cruz has used this to give himself a boost, by claiming that he would never use eminent domain, and would fight to restrict its use.
The issue is especially important in the upcoming New Hampshire primaries, as there is a strong libertarian bent in the state, and the largest single block of voters, independents, are overwhelmingly against eminent domain. Iowa, also an early primary vote, has a similar political bent. Both states have seen strong resistance to the use of eminent domain to support pipelines, power lines, and other projects.
Eminent domain is very contentious for some voters, but it is an issue that rarely comes up, and doesn’t generally decide presidential elections, as it simply doesn’t impact most people.

In a nation like the United States though, where private citizens, or companies, own huge swaths of land, and federal lands are generally either already developed or set aside for parks and the like, eminent domain is an important tool for community development. It will likely be important in early GOP primaries, but it would be surprising to see it last even until the general election.

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