Limits of Eminent Domain as a Policy Tool - Lessons from Midkiff and Kelo -

In the United States, the taking of private property under the doctrine of eminent domain has been controversial, even in progressive-leaning states. As the concept of eminent domain also exists in Korean law, the development of the eminent domain jurisprudence may be of interest to Korean scholars and lawmakers as well. To contribute to the discussion on the limits of eminent domain, this article analyzes the most significant U.S. jurisprudence on eminent domain (Hawaii Housing Authority v. Midkiff and Kelo v. City of New London) as well as the resulting effect on the communities affected by the takings at issue in those cases. In sum, this article finds that the exercise of eminent domain, like any policy, was not immune to unintended consequences and failures.