Benefits Of Eminent Domain

Eminent domain in definition is “the right or power of public purposes without the owner’s consent

If there is no other way to handle the situation, then the legal owners should be compensated monetarily for the loss of the physical property and any loss of revenue. On the Other hand, those in the judicial system claiming that eminent domain aids in the capture and conviction of criminals who could be a danger to society. They state that in many instances imposing eminent domain gives them the right to search and seize property, thus gathering evidence to convict criminals and placing the property out of their reach for future use. In conclusion, the topic of eminent domain is one that people have strong feelings about because it has long term effects on those involved. There can be many emotions involved since it involves money and

America's government system is powerful. One way the government flexes their muscles is through eminent domain. Eminent domain is the government's power to seize land from one and give it over to another. Most times, eminent domain is used to improve the city. There are a lot of tensions between whether eminent domain is morally right or even constitutional.

Eminent Domain is the government's right under the Fifth Amendment to acquire privately owned property for public use - to build a road, a school or a courthouse. Under eminent domain, the government buys your property, paying you what's determined to be fair market value. In recent years, there has been much debate over the appropriateness of eminent domain, and further its legality in specific instances. The government is allowed to seize personal property for private use if they can prove that doing it will serve what's called "the public good". There have been many cases brought up against the government in attempt to regulate the government's power in seizing private property. There is a political push for reform to the eminent

A simple policy that any country can follow that can transform it from nothing; to the world's most powerfulest nation, yet should it be done? Imperialism is a policy in which a country or nation follows imperialistic views in which they spread their influence through diplomacy or military force throughout an area, yet continue on pushing their influence when self-sufficient. Yet Imperialism was a policy that many nations did not follow as they were sufficient already, yet the few that had continued exceeded and became worldly powers. Should a country, such as America, follow in such footsteps or is it already following the policy right now?

Imagine getting a visitor at your front door, and the visitor offers you a very generous amount of money for them to take you property for public use. For some people it is the property they grew up on, and for others it is the property that has been passed down through family generations. That is what happens when private property owners experience eminent domain. Eminent domain can be a wonderful thing for big companies and powerful leaders. On the other hand, people lose their homes, or perhaps their farmland. Those who offer eminent domain often have big plans that can benefit a community, but the huge loss here is people losing their homes. Most companies will only enforce eminent domain if they have no other choice. Other companies do it purely for themselves. Eminent domain should be used for the good of mankind, because it has the power to put some good places in this world if done correctly.

While the Government holds complete authority over the owner's property, they guarantee fair and adequate compensation for the owner in the event which he or she forced out of their property - this is the law. As well as offering fair and adequate compensation, the Government may not take or begin construction on the property until definite arrangements have been made for payments (Sargent and Wallace 6-9). However, landowners are not always forced off of their property. Many times the families living in these areas were moved because of the tremendous property damage, flood damage, or the fact that their land interferred with government property (BonaLaw 1). When land is purchased through the Government the landowner is offered “Just Compensation,” meaning that the owners of the property will be offered the highest selling price that their land will sell for (Sargent and Wallace

The seizure of private property by the government with compensation to the owner is known as eminent domain. The compensation that the owners receive is supposed to be fair market value. Eminent domain includes forcing citizens to sell their property for the use of private commercial development. Eminent domain comes from a moralistic culture. Those who are liberal are concerned with the greater good of the public. Liberals believe that eminent domain should be allowed, so long as those who are losing their property are compensated. Liberals believe it is okay if it is for the benefit of the public. However, conservatives are also concerned with the public. They are opposed to seizure of private property to achieve a public goal. Conservatives believe it is not right to force people to sell their property in most cases.

Eminent domain is the inherent power of the government to take over a citizen's property for public use without the owner's consent. Initially, this public policy originated in the Middle Ages throughout the world. It became part of the British common law before reaching the United States where it was then illustrated in the US Constitution in 1791 (Britannica: eminent domain). The Fifth Amendment granted the federal government the right

The Kelo ET. AL. v. City of New London ET. AL., 545 U.S. 469 (2005) challenged every citizen’s idea of how far the government could go in determining what is considered the public good with regard to taking private property (Land) and giving it to a developer, using the “Taking Clause” of the fifth amendment of the US Constitution. In 1997, Susette Kelo bought a house in New London Connecticut overlooking the Thames river and view of the Atlantic Ocean coast line. But in 1998, the Phizer Corporation decided that they were going to build a research facility, which Ms. Kelo’s property was part, in New London. Phizer briefed and received city council approval on their plans for the facility and the land required, then they came together to take

The power of eminent domain was originally solely exclusive to the federal government. The ratification of the Fourteenth Amendment extended this power to the states, but Supreme Court decisions in the 1870s “refused to extend the just compensation requirement of the Fifth Amendment to the states under the Fourteenth Amendment,” and consequently, abuse of the power was common (Jost). Twenty eight years after the ratification of the Fourteenth Amendment, the “just compensation” clause was applied to the states by Chicago, Burlington & Quincy Railroad v. Chicago, in which the Bill of Rights was declared to also apply to the actions of state governments in an attempt to stop the series of uncompensated takings and other abuses. These abuses continue

The concept of eminent domain is the condemnation of property for the public’s well being or good for private use is not the original intention and should not be used in this way. Private corporations and individuals are using the initial purpose was for the acquisition of land for the building of railroads and highways. The use of eminent domain has changed over the years by law, government and legal interpretations. These changes have allowed private interest groups to petition the state and local governments for eminent domain to be declared on property where the owners refuse to sell. Each states position on eminent domain is decided by the legislature and the voters of the state for use by private corporations and individuals.

To remain in the positive area of eminent domain, most of the time this law is not used until the last possible resort. Many opportunities are given to a person or land owner to take compensation in various amounts and give up the land. It’s not something that happens after five minutes of the arrival of the government. It is part of a process and in most areas that process involves a vote by the elected officials in the area, which includes the residents of the area being affected by it. The negative area is easy to see. Part of the Bill of Rights states that “restrictions on the quartering of soldiers in private homes without the owner's consent, forbidding the practice in peacetime” (Bill of Rights). That means that the army can’t force you to put some soldiers up in your house for the night. Eminent domain is an extension of that action. The government is taking the property and using it as they see fit to use. In most areas eminent domain simply showed up on the books and there was never a word said about it. It was not heard of in some areas until the government used it and put it to action. In order for this to become a positive action some say that more controls and restrictions are needed to be placed upon the laws. It was a set of laws that was needed and enacted and then, as a result, many smaller government areas took advantage of it and began to abuse it. The best way to move forward may not be

The Court rebutted with the fact that economic development is a recognized public use, and that sometimes the greatest benefit for the public is to have the land developed by an agency other than a government agency (Kelo v. New London, 2005). The Petitioner's countered that without such a “bright-line” rule a government could take private land and transfer it to someone else who would put the property to more use and therefore increase the tax revenue of the property. The Court argued that may be true in cases where there was no clear development plan, but in this case the City had developed an integrated development plan (Kelo v. New London, 2005). Finally, the Petitioner’s argued that if a government was going to exercise eminent domain that the public should be guaranteed with some “reasonable certainty” that the proposed benefits would in fact come to pass. For this the Court refused to speculate to the effectiveness of the City’s plan, and argued that once the Court had determined if an economic development plan was a “public use” as laid out in the takings clause of the Fifth Amendment, that their job was complete (Kelo v. New London,

These days there have been many issues surrounding the topic of private property and eminent domain. I feel that eminent domain is a good way to keep the needs of the community and each person’s individual property rights balanced. Even though I believe individual property rights are more important that the needs of the community, I also believe the government sometimes has to take that property away for the better good of the community. At the same time I also understand how people feel when they talk about “NIMBY” (not in my back yard), and also about their personal needs.