Eminent Domain

The word adverse possession is a term used in real esate to describe taking of land, and not paying for it.

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

Should the United States government be allowed to seize property from you without any explanation or compensation? That is a question many people in the U.S. are asking themselves today. Eminent domain should not be allowed in the United States for several reasons. People own buildings that they do not want destroyed because they are family dwellings or places of business. People have money invested in the buildings and the property they sit on and do not feel it is right to lose it to the government. There are also the property owners who want to protect their property because it has been handed down in their family for many generations.

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

The responsibilities of government are to protect its citizens by such means as our armed services or military weapons. Government is to ensure there is a way of fairly maintaining order as an example our police, National Guard, and to ensure every citizen has equal access to items, products, goods such as schools, and highways. However, government or politics often has a negative connotation too many as it is viewed as a way for lobbyists and those with money to make policies that are important or in some way helpful to them. Many view politics as dishonest and that politics is a manner in which someone or group benefits for their own advantage and not for society as a

“The reasonably probable legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value”.

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 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

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

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.

The Just Compensation Clause is under the Fifth Amendment in the constitution. There is much controversy that surrounds the Compensation Clause because even though the property owner is being compensated for their land, they are still losing their land without any say in the matter. The constitution states “nor shall private property be taken for public use without just compensation,” proving that the government can take what they want as long as they pay the amount of money that they think is right.

It is strange how they come up with these laws to compensate you after they have taken your land. This is where we come to the development of the property law. How did the protection of your private property come about? Protection and content are given to the ownership of property by custom or law. The type of property law in a society may be taken as an index of its social and economic system. Even though there is a difference between realty and personality. Realty is chiefly land and improvements built thereon. Sometimes it is loosely

With the permission of the seller, Broker A submits a listing to MLS inviting cooperating brokers to help find a buyer. This is an offer of: