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Eminent Domain

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Recommended: Eminent domain pros and cons

Eminent Domain Imagine having a home in a beautiful neighborhood where your family started a life for themselves, now imagine the government coming in and with one fell swoop, destroy your neighborhood in order to make room for a new golf course. Also, in order to compensate you for the loss of your home they hand you a check as if it were to make up for all the love and memories lost. It is an issue that many home owners and some business owners can tell you about from personal experience, when the government took over their properties in order to make room for a new school, new railroad or golf course and they call it eminent domain. The Fifth Amendment, gives the government the right to use its power of eminent domain, and the due process …show more content…

But on the other hand, eminent domain has been the result of many home owners feeling more stressed and pressured to leave their homes that they otherwise would have stayed in if it weren’t for the government forcing them out. For example, in West Palm Beach, Florida a couple, John and Wendy Zamecnik, were victims of eminent domain. During the mid-1980’s, about three hundred homes were sold to give plenty of room for a brand new golf course to be built. Although many of the families within this particular neighborhood sold their homes with ease and went on with their lives, John and Wendy were not going to give their home up without a …show more content…

Lewis makes an interesting point when he is explaining that eminent domain is often times given such a negative connotation. He talks about how people only focus on the scandals that are brought to light concerning the government utilizing their right to eminent domain. Lewis also explains his point when he says, “In a rural environment, almost everyone agrees that it would be a justifiable sacrifice to take a rancher's land to build dams and lakes for providing water supply or electrical power to our cities' millions” (Planetizen). In many cases eminent domain gives a wonderful opportunity for a city to benefit from a much better resource such as a hospital, a police station, or a library. It may be a loss for the people who have to leave their homes to make way for these new developments, but in the long run it boosts the cities’ growth and gives the residents a chance to take advantage of something they may get more use out of rather than just another farm or

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Jesse Clyde “J.C.” Nichols was a real estate developer; most notably in Kansas City, Missouri and Kansas. Nichols developed the Country Club District, which includes The Country Club Plaza, in Kansas City, MO. The largest contribution to the population of Kansas City that Nichols gave was not a building, a statue, or even a district; it was the segregation of african americans using certain parts of a deed. Restrictive covenants are agreements on a deed that restrict the owner. Restrictive covenants are still common now, there are still covenants that do not allow for the use of a home business or any additions to be made to the home.

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Reason: Implied rights listed by the court included the Fifth Amendment, which offers protection

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Brynne DeRosier Washington v. Glucksberg The Supreme Court case between the state of Washington and Dr. Harold Glucksberg, considering the decision to prohibit physician-assisted suicide, took place in 1997. Dr. Harold Glucksberg and four other physicians decided to challenge the state of Washington 's ban on physician-assisted suicide. The state of Washington had labeled it a crime to promote suicide attempts by those who "knowingly cause or aid another person to attempt suicide." Glucksberg claimed that Washington 's ban was unconstitutional.

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The Dawes act nullified previous land allotments forced upon the Native Americans by the federal government. This new act insured that the allotted land, that the Native Americans were forced to live on and rebuild their lives, will now be given to white settlers. I don’t think this act is fair or just. It’s other process that is trying to get rid of the Native American culture and lifestyle. They’re separating big parts of the region, and making them relocate to a smaller area.

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First of all, Native Americans were settled on a hotbed of natural resources which included oil and precious metals such as silver and gold. There was also much fertile land that would entice farmers and frontiersmen to move out west. On this land there was so much potential economic opportunity for farmers, cattle drivers, miners and many other occupations. The government developed the popular public misconception that the indians were misusing the land and that Americans had the right to take advantage of the opportunities that lie in the west. These ideas led to the Dawes Severalty Act of 1887 which authorized encroachment of Indian lands by the US government in order to divide up reservations and control Indian activity.

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The first amendment establishes the people the right to freedom of religion, speech, press, assembly, and to petition. The second amendment establishes the peoples’ right to have weapons and the third amendment protects them from being forced to house the military. Due to the Fifth Amendment, Citizens’ protection from unreasonable search and seizure was put in place, as for the sixth amendment Americans has a right to an attorney and a fair trial in the court of law by an impartial jury of his or her peers. The Seventh amendment gives citizens the right to a trial by jury if there are claims exceeding twenty dollars made, and the eighth amendment makes it illegal for bail to exceed an price the contrast to the crime committed, and prevents cruel and unusual punishment by a court of law. The ninth amendment protects what may be later seen as a right, and finally, the tenth amendment gives states the right to establish laws that has yet been established by the federal

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The Land Ethic Argument Outline Aldo Leopold’s “The Land Ethic” is an essay describing why we should not treat our land as our property. The first part of half of his essay is based on an anecdote that alludes to Odysseus returning from Troy to behead his slaves. His comparison there is that as once it was alright to treat people as property, it is now just fine to do the same thing to your land. Additionally, as ethics of the treatment of people changed as with the ethics of land treatment.

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The Right of Eminent Domain Eminent domain -- the right of a government to take private property for public use by the superior dominion of the sovereign power over all lands within its authority. The United States uses Eminent Domain to put aside land every year for National Parks (i.e. Yellowstone, Yosemite, Everglades). However, in recent years, the government has been under attack for seizing these lands. Some people argue it’s a violation of the Fifth Amendment which states that any land taken by the government from private property must be given compensation. Because of this, it has become more challenging for the United States government to reserve land for public use.

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One reason why the Native Americans need their land back is because is more than just a land to them is like a family tradition passed on for years to their families And the next generations . They feel like they're "home " because it's where they been for years where their traditions been going around and how they learned . It's a big problem now because many people don't have jobs due to their economic situation

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The Homestead Act is a special Act that promoted migration to the western part of US. Public lands were made easily accessible to settlers with a small filing fee in exchange for 160 acres of land to be used for farming. Homesteaders received ownership of the land after continuously residing on the land for five years. Homesteaders also had an alternative of acquiring the land from the government by paying a specified amount per acre, after six months of residency. The Homestead Act resulted in the distribution of million acres of public land (Library of Congress n.p).

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The Fifth Amendment has specific protections which includes the right to due process, “rights require the government to provide some type of hearing and procedure whenever has taken some action that deprives

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In Laurence Shames’s article, “The More Factor” he speaks to Americans about the hunger and greed associated with the history of the United States. He brings attention to the 1880s, where many speculators would buy empty land and quickly develop it into a small town. Sidewalks, hotels, flagpoles, and churches were constructed and left behind by the workers when they moved on. Afterwards, the speculators would hire others to hand out flyers promoting these new towns. Through the use of flowery titles, persuasion, or even bribery, speculators convinced people to live in their new town, at least until a census was taken.

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Four of the ten amendments are found in criminal justice proceedings. These are the fourth, fifth, sixth, and eighth amendments (Bohm, 2018). The fourth amendment protects the accused from unlawful search and seizure (Bohm, 2018). This amendment requires probable cause for a person to be arrested, searched, or their home to be searched (Bohm, 2018).

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Since the housing crash there have been a number of articles and talking heads lamenting homeownership. The opinion is that it's just not a good investment anymore and for some people homeownership is just not in their best interests. Let's look at this from a long term prospective. Owning a home adds pride for the home owner as well as the neighborhood. You can drive down most streets in most any neighborhood and tell which homes are rented and which are owned by the people living there.

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People wonder why there are luxury buildings being built in poor communities. There are people out here in this world that don’t understand why the low income people move in those buildings if it’s in their community. As we American citizen have been living through the hazard of others over buying our homes and or having homes removed to another area by the government. Gentrification should be slowed down because demolishing small business and homes to build a big corporation, and condos to make more money should not be done. The government is supposed to help the people whose buildings that are being torn down to have the low income class buildings be renewed.

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