Essay On Eminent Domain

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

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..."

The Court of Claims held that there was a taking, and entered judgment for respondent, one judge dissenting.” They argued that “Although there have been no airplane accidents on respondents' property, there have been several accidents near the airport and close to respondents' place. These are the essential facts found by the Court of Claims. On the basis of these facts, it found that respondents' property had depreciated in value. It held that the United States had taken an easement over the property on June 1, 1942, and that the value of the property destroyed and the easement taken was $2,000.” He said that that old common law doctrine said that ownership of land extends to the periphery of the universe “has no place in the modern world. The air is a public highway, as Congress has declared. Were that not true, every transcontinental flight would subject the operator to countless trespass suits. Common sense revolts at the

Many philosophers have written arguments advocating for all types of property rights ranging from private to communal and for a varying array of reasons.Personally, I feel Schmidtz has the most compelling argument surrounding property rights. He argues for private property rights. According to Schmidtz when property does not have an owner and instead belongs to the commons, there is no way to protect that resource. Schmidtz provides the example of fishing using destructive methods. In certain countries, fishermen fish using methods that destroy habitats such as throwing dynamite or bleach in the water. This method has an extremely successful one time effect as all the dead fish float to the top of the water. However, it kills the entire habitat

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

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.

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.

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

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.

Carson’s rights to fight against the seizing of his property are a notice, hearing, and remedies. Prior to any governmental action to exercise its right of eminent domain, the government must negotiate in good faith with the landowner for an acceptable price for the land. In most cases the government will notify the landowner of serving a notice of intent. The notice would also consist of the property parameters, proposed use of the land, and a offer for the purchase. If an agreement can not be met, further court action will take place. As a landowner he has the right to oppose both the proposed taking and the amount of compensation offered. Ultimately, if administrative appeals fail, the landowner may petition in court, under the auspices