Eminent Domain Essay

As a matter of fact, buildings play a very important role in the life of American people. A building can be a home where a family makes memories and survives challenges. A building can house a business that a person built from nothing and now provides a living for them and their employees. A building can be a church where people gather to worship and offer support to one another. The act of eminent domain gives the government the power to take over these

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

"Property being an inviolable and sacred right, no one may be deprived of it except when public necessity..."

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.

In fact, the U.S. civil and property rights have a legal hierarchical organization, where the property rights stay in between the constitutional power and individual civil rights. In the 5th Amendment, the aspect of private property is mentioned as “nor shall private property be taken for public use without just compensation”(1273). This is the clearest example of private property protection in the United States and its initial value. Besides, the Declaration of Independence relates the property rights to the issues of equality and the

Besides, another point have a place is If the administration takes your property for open utilize, they should remunerate you for it. In England or US property could be seized by the government without compensation to build a road or a bridge. The goal here is to ensure no one has their property taken by the government without being properly compensated, by using this law public ask for compensation. As the country's population continued to grow, however, local governments began to place increasing controls on the use of land. Where landowners believed that these restrictions impeded their use of the property, or damaged its value, they began to argue that these restrictions also constituted a taking of their land requiring adequate

Eminent domain is the right of a government to seize and control private property in return for compensation if it’s specific purpose is for the greater good of the community as a whole. The Little Pink House is a book that gives an example of a major court case related to eminent domain from a journalistic account. The case of Kelo v. City of New London is the most famous case of condemnation in the history of the nation. The book tells the inspirational true story of Susette Kelo and her battle with the city of New London. Susette Kelo is woman who had recently came out of a long term marriage and purchased a rundown, waterfront, Victorian home in New London, Connecticut.

Before the establishment of government Americans had the rights to property as long as they used it before it spoiled, and as long as

Eminent Domain was even used in World War II; “During World War II, the Lands Division oversaw the acquisition of more than 20 million acres of land. Property was transformed into airports and naval stations , war materials manufacturing and storage , proving grounds, and a number of other national defense installations.” This use of Eminent Domain justified as it is clear that the clause was put into practice for the sake of the American public.

Eminent domain is when the state uses private land for public use, this could include anything roadways, pipelines, and lakes. The State of Iowa can buy the land of citizens for little cost and use them for any needs of the state. This is an unpreventable occurrence that happens (Iowa Web).

Eminent domain is where the government has the power to take a private property and convert that into a public property, but the government can only exercise this power if they provide the just amount of compensation to those property owners. This is the main concept however each state has its own laws. In Missouri it’s now a little stricter when they revised their laws in 2006 to make it more balanced to protect the private property rights of an owner and as well as the need for cities to eliminate the blight conditions. The term “public use” differs between states for what a government can take and use for public use purposes. In the state of Missouri the term “public use” can be taking land to build public roads, to taking land for use by private railroad companies, and to taking land to build private businesses to spur the economic growth (Missouri law review 1). The government can only use eminent domain where there are blight conditions, which in Missouri; blight is property which constitutes an economic or social liability or menace to public health, safety, morals, or welfare in its present condition and use (Law of Missouri 2). Most states have the just compensation towards the private property owners as giving them compensation that is market value for their property. Missouri generally appoints three commissioners to report of any damages that the owner suffers as a result of the

Well the Takings Clause of the Constitution’s Fifth Amendment was intended to protect private property from unjust taking by government. Its determination is “to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, be borne by the public as a

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.

Expropriation: Expropriation has various explanations across the world. “It is described as the power of the autonomous state or agencies delegated by it to compulsorily take land for public use purposes. Expropriation is known by the name “Eminent Domain”, in the United States, “Compulsory Purchase”, in the United Kingdom and “Expropriation” in continental Europe. Ethiopia uses the word “expropriation”. Eminent domain can be defined as “the power to take personal belongings for public use by the state, municipalities, and personal people or corporation authorized to put into effect functions of public character” (Daniel W. A., (2013). For this study, expropriation is used depending on the relevance of the issue under study.