Sport Marketing and the Law: A Stadium in Your Front Yard? Eminent Domain and the Potential Sport Marketing Implications of Kelo v City of New London, pp. 171-173

Mark S. Nagel
Richard M. Southall

The Fifth Amendment to the United States Constitution explicitly established private property rights, “…nor shall private property be taken for public use, without just compensation.” When a government agency seizes private land for public use, it exercises its eminent domain powers by condemning land while providing its previous owners with fair market value (Garner et al., 2004). For many years following the United States’ founding, such eminent domain powers’ utilization was most commonly justified as necessary for extensive public works projects such as the construction of new roads, bridges, dams, or utilities (“Eminent domain history,” 2005).