Eminent Domain

When should a city or state use their eminent domain powers? Over the past few years

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

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

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.

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

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

Would you be okay with the government taking your house and relocating you even if it meant that you got compensated for the sacrifice you are doing. This is known as eminent domain. What is eminent domain policy to be more specific? This is most often used with land property. Some that have never seen it in action will not fully understand how it truly works. Here is an example to help clarify. A highway is being made through a portion of a town and one person or family is refusing to sell their land/home. Eminent domain gives the government the right to forcibly remove the owner and cease their land even if the land owner doesn’t agree to it. The government then will, even in this case, provide compensation for the land that it takes in the

Individual rights versus the good of the community, is an issue that American has struggled with for a long time. In addition, the case of Lucas v. South Carolina Coastal Council Mr. Lucas contended that his two beautiful but fragile beachfront properties located in Barrier Islands were made worthless by the passage of the Beachfront Management Act. According to the Supreme Court, the Coastal Council was simply using its “police powers” to “protect our state’s unstable coastline from further erosion caused by construction.” (South Carolina Tribune)

In 2005 one of the most divisive cases we had ever heard on the Supreme Court occurred—Kelo v. City of New London. After a decade of the 5-4 decision I still get questions about this case. By far eminent domain has been one of most complex and controversial aspects of in our nation’s history.

Martin’s property has been seized by the government authorities for community development by exercising eminent domain. According to (Whitman, 1969), eminent domain is the right a state can exercise to seize private property for public use with payment of adequate compensation to the owner. Since the new business would create jobs and increase development opportunities in the city, it means the city authorities have the legal right through eminent domain to seize Martin’s property.

The ideology behind what private property represents and conveys through the theories of both Locke and Marx's results in contrasting views. Locke heavily stresses the blending of labor and common land to create private property to increase one’s wealth. Liberty and livelihood under Locke’s theory is tied to the ability of an individual to control the use of their private property. Marx’s theory strongly contends that the bourgeoisie has gained control of the profit making private properties leaving the working class in a stage of exploitation. Marx’s conclusion then is to set private property in the hands of the people in hopes of creating universal economic equality. Respectively each thesis places governments, labour and religion