There has been much discussion in California, where several local governments have suggested that the power of eminent domain should be used in an attempt to fix the troubled mortgage crisis in the country. 

Everyone can appreciate the fact that there is concern and a desire at all levels to fix this problem, but the use of the sovereign power of eminent domain is not the solution. All that will occur is the creation of more problems. The constitutional right to have and to hold property without the fear of the federal or state government taking it, except in very limited cases, must not be infringed upon. Our constitutional laws, both federal and state, along with eminent domain laws, have been written to guarantee this constitutional right.

In order to take property by eminent domain, the first consideration that must be made by a governmental entity is weighing and balancing of the individual property rights against the public good.