The practice of condemnation was transplanted into the American colonies with the
common law. In the early years, unimproved land could be taken without compensation; this practice was accepted because land was so abundant that it could be cheaply replaced. When it came time to draft the
United States Constitution, differing views on eminent domain were voiced.
Thomas Jefferson favored eliminating all remnants of
feudalism, and pushed for
allodial ownership.
[2] James Madison, who wrote the
Fifth Amendment to the United States Constitution, had a more moderate view, and struck a compromise that sought to at least protect property rights somewhat by explicitly mandating compensation and using the term "public use" rather than "public purpose," "public interest," or "public benefit."
Bush executive order On June 23, 2006, the first anniversary of the
Kelo decision (see above),
President George W. Bush issued
Executive Order 13406 which stated in Section I that the federal government must limit its use of taking private property for "public use" with "just compensation", which is also stated in the constitution, for the "purpose of benefiting the general public." The order limits this use by stating that it may not be used "for the purpose of advancing the economic interest of private parties to be given ownership or use of the property taken".
[15] However, eminent domain is more often exercised by local and state governments, albeit often with funds obtained from the federal government.