Eminent Domain by State: Which States Protect Owners (2026)
Eminent domain lets the government take private property — and since the Kelo decision, states have split sharply on how far that power reaches. Here is where owners are best protected.
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Eminent domain is the government's power to take private property for public use. The fight has always been over what "public use" means — and since the Supreme Court's 2005 Kelo decision let a city seize homes for a private developer, states have split sharply on how far that power should reach. Here's where owners are best protected.
The short version
- Eminent domain lets the government take private property for public use, with compensation.
- The 2005 Kelo decision allowed takings for private development — and triggered a nationwide backlash.
- 47 states have since strengthened protections; 12 amended their constitutions.
- Florida earns an 'A' for owner protection; New York and Connecticut rank near the bottom.
What is eminent domain?
The Fifth Amendment lets government take private property for "public use" if it pays "just compensation." Traditionally that meant things like roads, schools, and utilities. The controversy is over economic-development takings — seizing property not for a public project but to hand to another private party who promises jobs or tax revenue.
How Kelo changed the map
In Kelo v. City of New London (2005), the Supreme Court ruled 5–4 that a city could condemn Susette Kelo's home and transfer it to a private developer as part of a redevelopment plan — and that this counted as "public use."
The decision was deeply unpopular across the political spectrum, and it backfired on its supporters: the New London site was never developed and sat as an empty lot for years. More importantly, it spurred a wave of state-level reform:
- 47 states strengthened their protections, by statute or state-court ruling.
- 12 states amended their constitutions to bar takings for private gain.
Which states protect owners best?
The Institute for Justice, which argued Kelo, grades states on how well they limit eminent-domain abuse:
- Florida earns an "A" — its statutes tightly restrict transferring condemned property to private parties and bar "blight" from being used as a pretext.
- Connecticut — where Kelo happened — lags with a "D."
- New York receives an "F" for never meaningfully reforming.
How states rank on property rights
Eminent-domain protection is a core component of our property-rights score, which also folds in land-use and zoning freedom:
- 1NHNew Hampshire9.5A+
- 2NDNorth Dakota9.5A+
- 3SDSouth Dakota9.5A+
- 4FLFlorida9.5A+
- 5VTVermont9.5A+
- 6MIMichigan9.5A+
- 7NMNew Mexico9.5A+
- 8UTUtah8.0A-
- 9AZArizona8.0A-
- 10INIndiana8.0A-
See all 50 states ranked on property rights
Eminent domain, land use, and ownership protections — the full ranking with a color-coded map.
The new eminent domain fights
Twenty years after Kelo, eminent domain is back at the top of state legislative agendas — but the projects driving it have changed. The 2025–26 battles center on private infrastructure:
- CO2 pipelines crossing farmland in the Midwest
- Energy transmission corridors, increasingly to power data centers
- Renewable and utility projects built by private companies
These test the same question Kelo raised: when a private company benefits, is it still "public use"? The states with the strongest post-Kelo reforms are the ones best positioned to say no.
Frequently asked questions
What is eminent domain?
Eminent domain is the government’s constitutional power to take private property for public use, provided it pays “just compensation.” The fight is over what counts as “public use” — and whether land can be taken for private development.
What was the Kelo decision?
In Kelo v. City of New London (2005), the Supreme Court ruled that taking private homes and transferring them to a private developer counted as “public use.” The backlash was enormous, prompting 47 states to strengthen their own protections.
Which states best protect against eminent domain abuse?
The Institute for Justice grades states on reform. Florida earns an “A” for tightly restricting takings for private gain, while states that didn’t reform — like New York (an “F”) and Connecticut (a “D”) — rank near the bottom.
Can the government take my land for a pipeline or data center?
Increasingly, this is the front line. In 2025–26, CO2 pipelines and energy/transmission projects for data centers have revived eminent-domain fights, since these private-infrastructure takings test the limits of post-Kelo reforms.
Property Rights by State: all 50 ranked
See where every state lands on property-rights freedom, with a color-coded map.
Who represents you?
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