Eminent Domain Addressed in Presidential Election

Current Republican frontrunner Donald Trump is criticized by other candidates for supporting the use of eminent domain. 

I cannot help but take note when eminent domain actually becomes an issue of contention among presidential candidates.  This article addresses a disagreement between Donald Trump and other Republicans about the use of condemnation, particularly condemnation to facilitate private development.  This Wikipedia entry describes the travails of Vera Coking, who held out when Trump and others tried to purchase her property.  Indeed, when I was working on the Comerica Park and Ford Field condemnations, we asserted a casino highest and best use.  Vera Coking’s house was a stop on my tour of casino properties around the country.

Trump, because he has used eminent domain to support his developments, lauds it while other candidates criticize its use in those situations.  The issue is fairly academic for Michigan property owners.  While the United States Constitution creates minimum levels of protections for its citizens, states can choose to provide increased protections for citizens, thus limiting its own powers.  Michigan restricts the use of eminent domain in many respects.  This article that I published explains the distinction between Michigan law and the Kelo v New London, 545 US 469 (2005) decision referenced in The Atlantic’s article.

 If you have any questions about eminent domain issues, please do not hesitate to contact me.