Eminent Domain Essay

3812 Words Mar 2nd, 2013 16 Pages
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Introduction
Question: Is the policy of eminent domain providing for the public welfare, through the taking of privately owned property, using a rightful procedure involving due process and just compensation as it was intended to do when the policy was founded?
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
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The constitution puts it out clear that the person whose private property has been seized for public use is entitled to just compensation, which is a fair current cash market value of the property in question. This is quoted to be the price that a willing buyer would give and a willing seller would accept for the property. This is why it is referred to as the fair price because it was where the buyer and seller would reach at a consensus. Eminent Domain has affected very many people across all the counties in the United States of America each and every year. One such instance is that which occurred in 2002 in Long Beach, NJ. At this time, the government promised a number of redevelopment projects in efforts to try and improve the lakeside community. Uncountable number of locals, even the lifelong residents who knew long beach as their home fell victims of eviction. This was done with false promises from the government that there was an oncoming improvement in the financial environment and the improvement of the general aesthetic value of the town. Instead, a massive block of several up market shops sprouted that the locals never came to realizing their dreams of reaping direct benefits from the projects. Instead, it was the
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