In Defense of Eminent Domain

By Michael A. Cardozo

Editor’s Note: In The Uselessness of Public Use, 106 Colum. L. Rev. 1412 (2006), Professors Abraham Bell and Gideon Parchomovsky argue that criticisms of the Supreme Court’s landmark eminent domain decision in Kelo v. City of New London are “ill-conceived and misguided.” The authors claim that “eminent domain is the government power least pernicious to property owners because it is the only one that guarantees them compensation.” In the essay below, Michael Cardozo, Corporation Counsel for the City of New York, responds to Bell & Parchomovsky’s analysis.