Summary: In this lesson, students will, through several activities, address a compelling question: When should the government limit individual use of private property for public purposes? Toward that end, students will identify the source of the right to own property, as well as the government’s authority to take property for a public purpose. Students will also explain and analyze the term “eminent domain” and describe the current state of eminent domain law in New Jersey. Finally, students will explain the government’s interest in land preservation, analyze the varying perspectives regarding government preservation of open spaces, and explain the New Jersey Supreme Court’s establishment of the Mount Laurel Doctrine.

Overarching questions:

  • CIVICS: How well does the government balance individual rights and the common good, including the need to maintain order, safety and a healthy environment?
  • NEW JERSEY: How have changes in New Jersey during this time period influenced U.S. history?
  • ECONOMICS: What is the proper role of government in the economy? (Especially with regard to economic crises, national defense/security, health and safety of the people, and economic development and practices.)

NJ Student Learning Standards for Social Studies:

  • 6.1.12.GeoHE.13.a: Construct an argument on the effectiveness of environmental movements, their influence on public attitudes, and the efficacy of the government’s environmental protection agencies and laws.
  • 6.1.12.CivicsPI.14.c: Analyze how the Supreme Court has interpreted the Constitution to define and expand individual rights and use evidence to document the long-term impact of these decisions on the protection of civil and human rights.
  • 6.1.12.CivicsDP.14.a: Draw from multiple perspectives and cite evidence to determine the extent to which nongovernmental organizations, special interest groups, third party political groups, and the media affect public policy.
  • 6.1.12.HistorySE.14.c: Analyze the use of eminent domain in New Jersey and the United States from the perspective of local, state, and the federal government as it relates to the economy.
  • 6.1.12.HistoryCC.16.b: Determine past and present factors that led to the widening of the gap between the rich and poor, and evaluate how this has affected individuals and society.
  • 6.3.12.CivicsPD.1: Develop plan for public accountability and transparency in government related to a particular issue(s) and share the plan with appropriate government officials.

Link to lesson: This Land is Your Land, This Land is My Land: Land Use in New Jersey