Testing O’Connor and Thomas: Does eminent domain target poor and minority communities?
In dissenting from the US Supreme Court’s 2005 Kelo decision upholding the use of eminent domain for private-to-private transfers of property, Justices O’Connor and Thomas asserted, based on the history of urban renewal, that eminent domain for private development would disproportionately hurt poor and minority communities. This study uses US census data and a sample of redevelopment project areas using or identified for the use of eminent domain to test the assertions of Justices O’Connor and Thomas. Results reveal that such project areas are, in fact, disproportionately populated by those who are poor, minority and less educated.
Suggested citation: Carpenter, D. M., & Ross, J. (2009). Testing O’Connor and Thomas: Does eminent domain target poor and minority communities? Urban Studies, 46(11), 2447–2461.
Click here to read the full report.
Related Cases

Economic Liberty | Eminent Domain | Private Property
Family-Owned Hardware Store Sues Long Island Town Trying to Take Away their Property
The Brinkmann family owns a chain of hardware stores in Long Island and purchased property with the hope of opening a new store. The town now wants to take the land through eminent domain, simply…

Eminent Domain | Private Property
Institute for Justice Asks U.S. Supreme Court to End Colorado Law Permitting Neighbors to Engage in Eminent Domain Abuse
Imagine if two of your neighbors got together, claimed they established a new town, and then “voted” to take your property from you using eminent domain. Crazy, right? Not in Colorado, where the owners of…

Eminent Domain | Private Property
Pipelines & Eminent Domain: Take Now, Pay (Much) Later
A pipeline company abused eminent domain to take property from the Erbs without paying them for the taking. IJ petitioned the Supreme Court to take the Erbs’ case, but unfortunately the court declined to hear…