Work hard, save money, and enjoy the fruits of your labor. We have all been told that if we do the right thing, we will be rewarded in the end. The argument for the Protestant work ethic has been conveyed biblically to mean that God has given us all a divine vocation, a set of skills in which to “work in His glory” (“Work: a noble”, 1992). Martin has followed the teachings of Christ by working his entire life, saving strenuously, and wisely investing his dividends. Finally, it has come time for Martin to enjoy the yields of living the right way and his enjoyment has been stolen by various aspects of property law. Kubasek, Brennan, and Browne (2006) explain the two types of property that apply in Martin’s cases, “real property, that is, …show more content…
Andrew, Peter’s son, took out a loan against property that legally he does not own, making the creditors claim against the property void. Samson (n.d.) solidifies this sentiment by stating, “title that was held by the deceased person passes automatically to the surviving joint owners, not to the heirs of the deceased person or their relatives or persons named in his or her Will or Trust” (para. 1). Furthermore, Peter’s son has not stated that he and his father had accrued debt together before his father’s passing. If Peter and his son had taken out a loan together, and later defaulted, their creditors may stake a claim against the property, but this is not the case (Samson, n.d., para. …show more content…
When Martin arrives at his beach front property, he is disturbed to learn that his property is under seizure from the local authorities under the right of eminent domain. Arguing against this appropriation, Martin shall claim that the seizure of his land is not for the public good, rather for the expanse of a private business (Kubasek, Brennan, & Browne, 2006). Olejarski (2015) states, “the principle of tangibility, which requires that direct, tangible benefits to society should outweigh agential or private interests” (p. 370). Moreover, the building of a beach side resort does not innately provide tangible benefits to a community as much as it does for the private interest of a business. Martin has a case against the local government’s abusive definition of eminent domain and should move to dismiss the procurement of his
One of the primary instances, and landmark cases, that spurred more debates on imminent domain is the Kelo vs City of New London case. “In Kelo v. City of New London, the Supreme Court held that “economic development” constituted a “public use” that justified the taking of private property through eminent domain.” (R—N.Y, 2016). Property rights have always been a challenge in every civilization. This case garnered a lot of interest from the media and in turn that of the rest of U.S residents as it shocked the nation. The case is related to a development project that the city wanted to undertake to make the best use of the land in the area. The town of New London, a small city within Connecticut, experienced downward spiraling economy when
Although eminent domain is sometimes necessary, there should be limits placed on it to ensure that individual property rights are never trampled on. This essay will explain at what times government officials should have the right to exercise eminent domain, the extent of which the current occupant should be satisfactorily compensated, and an engineer’s duty to the public to only accept projects where the previous property owners are content in the arrangements of their dismissal.
The country not only seizes private property for the land, but also for water. In the city of Laurinburg, North Carolina, the city wants to use eminent domain to take a farmer’s water supply and give it to a clutch factory. The city wants to pay the farmer $12,000 for three parcels of land. According to the farmer, the land could produce crops worth $200,000 a year. The county then wants to construct wells to support the FCC America LLA, suck out all of the water, but only pay for three small well sites. This is a classic case of the United States government using eminent domain, to benefit private industries (Jennings). Some states are implementing laws to help protect land owners from eminent domain.
Because the original contract was joint tenancy with right of survivorship, Peter did not legally have the ability to leave his property to his son
Let us not forget, though, that the pace was not constant due to seasonal agricultural work, changing cyclical demand of goods, and unreliable transportation, communication, and supply of materials. Household clocks were not common until the 1940s. Dedication to one’s task was strong, but the work ethic of the times did not demand the “ceaseless regularity which came with the age of machines.” The work ethic of pre-industrial America was therefore more of an ethos than a specific measure of productivity.
Next Justice Stevens references to the case Hawaii Housing Authority v. Midkiff, where Constitution was violated when city took one`s property to public use but actually placed it in private hands after taking. It is argued that this taking was conducted under “carefully considered development plan,” thus having a legitimate reason of taking the land and no private party would benefit from this taking (O`Brien, 319).
Martin’s property was confiscated by the city of Wilmington, NC and conveyed to the Tar Heel Family Resort company for developing their resort. Martin’s and his neighbors’ properties were torn down and provided with just compensation for the value of the property. Legally, the government, state or federal, may confiscate personal property for the sole purpose of public use; if the property’s confiscation was for usages other than for public accommodations it’s thereby illegal and unconstitutional. The Fifth Amendment’s Taking Clause covers this, which is to “protect property owners from the most significant costs of legal transitions (Serkin, 2015).” The process of taking the property is condemnation and the right to do it is eminent domain. However, in terms of whether the right exists, the government must prove that the confiscation was for public use of the land. Within the development plans of the resort it only states that it provides vacationing venues and possible job creations. If Martin reviews the North Carolina’s statutes he will find that the private owners who possess authorization to confiscate the property must be “corporations dealing with installations of public utilities such as railroads, streets, and power lines, educational institutions, franchised motor vehicle carriers or union bus station companies
In addition, societal welfare can at times be undervalued in a case such as this where lives are so easily seen as commodities and this is the best time to address it. This idea is supported by the Framer’s who recognized the governments have this duty to correct for inequalities that occur naturally and in the market. In fact, this is just one of the facts explored by Elizabeth F. Gallagher of the Fordham Law Review in her publication titled Breaking New Ground: Using Eminent Domain for Economic Development.
One of the crucial assumptions underlying the paper’s analysis is that a redevelopment effort will necessarily create positive economic value. But what if it does not? Kelo serves as a perfect example. What was supposed to be a profitable facility is currently an empty lot collecting storm debris. At least with eminent domain, voters have some form of cathartic recourse. They can vote out the individuals who made the decision to condemn their homes for an ultimately disastrous product. In a callable fee or floating fee situation, voters have little ability to seek redress, instead nurturing feelings of political disenfranchisement and anti-establishment resentment. Further, the threat of losing their seats incentivizes politicians to carefully examine any proposed development and only exercise their power when reasonably sure of its success, minimizing potential mishaps. Thus, voters are both empowered and incentives are put in place to encourage careful decision-making concerning development
I realize that there have been a lot of changes in Wilmington, NC, due to the student body at the University of North Carolina at Wilmington growing. There have been several city council meetings to discuss how the city of Wilmington can use this growth to the city’s advantage. There has been discussion that the city of Wilmington is building the “Tar Heel Family Resort” to increase tourism and bringing new business to the community. Unfortunately in this case the government has the right to eminent domain, which is the constitutional right of the government to take privately owned real property for a public purpose in exchange for just compensation to the owner (Kubasek, Brennan, & Browne, 2009).
The most significant idea I have encountered this year is that in order to become successful, we need to maintain a strong work ethic. I developed this idea from a combination of leadership skills that I have gained and applied in different environments, and participation in various activities this past year. Work ethic is comprised of maintaining a strong sense of responsibility, teamwork, discipline, and integrity. As a student and worker, I have learned that I need to possess responsibility for my actions and duties, collaborate with classmates and colleagues in order to achieve our overarching goals and missions, and remain focused and determined in achieving our short term and long term goals. We need to maintain a high level of dedication towards our visions. Additionally, as leaders within our educational institutions and the workforce,
Weber was trying to articulate the relationship between asceticism, the severe self-discipline and avoidance of all forms of indulgence, and the spirit of capitalism. He saw Calvinism and the Protestant Work ethic as the foundation of our modern economy and capitalism.
Eminent Domain is defined as “the power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property” (Farlex, par. 1). Eminent domain has a long and distinguished legal history, dating back to the Magna Carta. The term “eminent domain” was coined by Hugo Grotius (1583–1645), a Dutch jurist and philosophe, to describe the power of the state over natural property (Dalton, par. 3). This legal process has been used in many nations ostensibly for the “greater good.” Recently, Russia has come onto the world stage as abusing the power of eminent domain in preparation for the 2014
In order to understand the ethical debate of eminent domain, we must first explore how property has been viewed over the centuries from Plato through Jean Jacques Rousseau. It is not the words of these philosophers that creates so much confusion, rather their
Economic traditionalism is essentially the antithesis of modern capitalism. Within this framework, work was viewed as a “necessary evil” (Kalberg 2011a: p. 418). It was simply the means through which people acquire the economic needs necessary for survival. Therefore, work and money did not take precedence over one’s family, community, and leisure. The tasks themselves were based on custom and tradition, and were independent of the individual himself. That is, work did not constitute one’s self-identity. Luther was an extreme proponent of this ideology. He was suspicious of wealth and asserted that money should only be enough to live a life of integrity. Weber ([1905] 2011) describes Luther’s reservation: