In New Hampshire, there has been much controversy over the past few years over the “Northern Pass,” a transmission line project that would bring hydroelectric power from Canada to New England. One of the particular things that helped build the controversy was its potential use of Eminent Domain to help acquire land for the project to be built on during construction.

Ten years ago today, the United States Supreme Court fundamentally changed the meaning and purpose of the Takings Clause of the Fifth Amendment, which allows for the use of eminent domain for “public use,” such as a road. But in a 5 to 4 decision, the Court ruled that eminent domain could be used to take property from a private citizen for purposes other than a public use.