There is no such thing as private Eminent Domain. If government uses the “Police Power” to take property for private use it’s unconstitutional. That means it’s not ED, it’s a “taking” and it’s usually unopposed because it’s kept secret.
ED is a proper function of government but the land and or property taken by using ED must be for a government purpose. Bush was talking about government changing the classification of land, for example by using “Zoning”, then forcing owners out when their property doesn’t conform to the changed zoning. See the book: “TAKINGS” by Richard a. Epstein for the sordid history of property abuse by government. What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind?
Government can simply buy property or take it and use the force of the law to evict people. Eviction is not Eminent Domain. There’s a difference between private, public and government use. Use of land by the public, for example for a shopping mall is different than land to be used by the public for a government purpose such as a road or a pipeline.
Private property was changed from all of the property including what was underground to the use of the top part of the land. Government took away what is underneath long ago. A homeowner only owns the land to a certain depth. Lower than that and the government owns it and has the power to do with it as they please. Jeb Bush seems to believe in the now outdated idea that land is not under the control of government. It is. All of it. Jeb and most of America is way behind. The fight for private property was lost long ago. the time has passed when Jeb could try to stop government from taking all of the land including the parts that are privately owned. The government’s of America hold title to more than 40% of all land. The Federal Government owns about 30% of all of the land or about 75% of the 40%. Government owns 95% of Alaska, 88% of Nevada and so on throughout America.
That’s not at all comforting but it shows Jeb is way behind when it comes to knowing about Eminent Domain, private and public land ownership and use.
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