ipl-logo

Essay On Eminent Domain

452 Words2 Pages

The government often uses eminent domain to seize private property to serve public goods such as building highways and universities with paying fair compensation to the owners. However, whether the government has the right to use eminent domain for non-government purposes, for example, to build up a new pharmaceutical factory, is controversial. Some people consider a new large company as an opportunity to increase taxes and revenues. Nonetheless, in my view, the government should not use eminent domain for non-government use because this action will ruin the private business of the owners, and also lead to inappropriate seizure of private property by powerful politicians and capitalists. The direct damage caused by eminent domain for non-government …show more content…

Once a large corporate is allowed to use eminent domain to condemn private houses, more companies will appeal to the court to use the same law to expand their business. As the Justice Sandra Day O’Connor warns, one can foresee the inappropriate replacement of private houses with shopping mall, hotels or factories. This conduct does not lead to the increase of the gross asset of the whole society, but simply a transfer of private property from disadvantaged people to influential interest groups. The opposition claims that larger companies provide increased tax revenues. However, the increased tax revenues may not serve the goods of the local people. When a new company is established, the company likely recruits most employees from outside of the local areas. The individuals earn higher salary within the new company are not the local residents. Consequently, the purpose of establishing new business through eminent domain is not to serve the public goods.
Occasionally, the government use eminent domain to seize private property for non-government purposes. However, the seizure can ruin private business and lead to inappropriate snatches of personal asset, which will result in increased unjustness in the society. Therefore, the courts should restrict eminent domain from non-government

Show More
Related

Mt. Laurel Case Study

1541 Words | 7 Pages

This particular inquiry is now the base question of many eminent domain cases, that is, whether the entity claiming eminent domain is acting in good faith. A blanket statement of the decision is: if the entity has a personal gain from the decision, then eminent domain does not apply, but if the entity will receive no personal gain and is for the good of the public, then eminent domain is applicable in the proper circumstances. Seeing that the municipality did not have ill intentions and seek personal gain, the Appellate Division entered a per curiam in favor of Mount Laurel Township on August 2nd, 2005 (Meislik&Meislik, 2006). The case was later heard by the Supreme Court of New Jersey, which

Read More

Penn Central Vs New York City Summary

968 Words | 4 Pages

This is the recurring common dispute and internal conflict between whether one should focus more on the economic benefits to a single individual or on the benefits to the overall society. In regards to the majority opinion in the case of Penn Central v. New York City, it is clear to see that the overall ruling leaned in the opposite direction of economic realism, and rather strongly favored

Read More

Effects Of Lochner Vs New York Economic Regulations On Trial

774 Words | 4 Pages

Lochner v. New York: Economic Regulation on Trial is Paul Kens’ 1998 concise investigation of the Supreme Court’s controversial ruling in Lochner vs. New York case, which gives a complete understanding of the history that lead up to the case and the impact of the ruling. Kens gives a comprehensive account of the many issues that were involved in the Supreme Court’s ruling, including the history that lead up to the case, its effects on later cases, and the overall belief of critics that the justices promoted laissez-faire capitalism and social Darwinism. This book is readable for a wide range of readers from high school level readers to those well versed in legal codes and proceedings. Most learners would find good use of this easy to understand summary of the Lochner v. New York case.

Read More

Thomas Jefferson Unconstitutional

279 Words | 2 Pages

While the supporters of Thomas Jefferson believe that buying foreign land was necessary, those who are against him feel that what he did was unconstitutional. In the source, “Thomas Jefferson to John Breckinridge, 12 August 1803”, the text explains that what Jefferson did was allowed, as it had not mentioned that he couldn’t in the constitution. This controversy is huge, because some people believe that he did not have the right to do so. Jefferson made a point that it wasn’t mentioned in the constitution, so he decided to ratify it and pay for it. Some believe congress did not have the right to authorize this decision.

Read More

Pros And Cons Of NAFTA And TPP Canada

676 Words | 3 Pages

Issue What is the nature of the North American Free Agreement (NAFTA) and the Trans-Pacific Partnership (TPP) agreements? What are the advantages and disadvantages of NAFTA and TPP Canada and Saskatchewan? Background NAFTA is a trade agreement signed by Canada, Mexico and the United states in 1994. NAFTA replaced the 1987 Canada-USA Free Trade Agreement. NAFTA has rules that ensure the goods traded are from qualified regions.

Read More

What Are The Pros And Cons Of Eminent Domain

1566 Words | 7 Pages

The seizing of land by the government provides communities for schools, as well as roads and infrastructure to be built. This in turn either creates jobs for individuals inside these neighborhoods, or provides them with necessary infrastructure to continue their lives. On the other hand, many argue against the government for using eminent domain in which all land is seized without worthy compensation, and as a way to further damage the environment. In the past, the process of eminent domain caused groups of people to lose their homes and culture without any form of compensation. Due to the impacts that eminent domain is responsible for, we must reevaluate whether the failures of eminent domain in the past define the overall process as productive and beneficial or if that is not the

Read More

The Market As Prison By Lindblom Summary

1003 Words | 5 Pages

While some Americans blame the government for it being undemocratic, the elected officials have provided us with evidence that America is undemocratic. An ideal democracy is how the government puts the people’s interest before the businesses interest. In Lindblom’s story “The Market as Prison”, it introduces a mechanism called the automatic punishing recoil mechanism (APRM). This provides businesses to have a privileged position in society.

Read More

The Pros And Cons Of Gentrification

1028 Words | 5 Pages

In the end, the area turns out to be expensive to the point that even the vast majority of the creative sorts move out, and our beforehand common laborers neighborhood has now gotten to be another hip neighborhood. The positive side of this is it makes neighborhoods more pleasant. There's organizations where there used to be nothing, regularly cuts down wrongdoing rates, and can be a more viable approach to "reestablish" an area than government endeavors. The negative side is that it doesn't generally dispose of neediness, it just dislodges it.

Read More

Government Corruption In Hawaii

1017 Words | 5 Pages

Living in Hawaii comes at a high price according to a study in 2014 done by the Missouri Economic Research and Information Center ranks Hawaii as the highest in the United States for cost of living. The biggest burden of the cost of living coming from housing with the median home price in Hawaii being $685,000, according to the University of Hawaii Economic Research Organization. Saving up enough money to make a down payment for a home is a daunting task for all but the most financially secure. Those buying homes in Hawaii are a reflection of that, the majority of home buyers are from out of state retirees and foreign buyers, constantly helping to fuel the rising costs of house prices and squeezing locals and lower income buyers out of the

Read More

Taxation Spending Clause

1338 Words | 6 Pages

In US v. Butler (1936), the Court stated though Congress has expansive power to use “public monies for public purposes,” but there are limitations. It is within Congress’s right to impose a condition on

Read More

Was The USA Imperialist Power At The Beginning Of The Early 20th Century

977 Words | 4 Pages

Why and to what extent was the U.S. an imperialist power at the beginning of the 20th century? The 19th century was commonly known as the ‘Age of Imperialism’, during this time period the United States and a number of other major world powers began rapidly expanding their territory and influence, throughout the world. Many Americans supported the concept of imperialism due to the economic, military, and political influence that came with the annexation of fertile territories. Although this ideology seemed to benefit thriving imperialist powers such as Britain and France, the United States was only an imperialist power to the extent that they extended the U.S. power, but were an empire unsuccessful in controlling the nations under their rule.

Read More

Case Study: Kelo V. New London

1506 Words | 7 Pages

Within Kelo v. New London, the city of New London, Connecticut seized - by eminent domain - the real property of some New London residents and sold the property for private development on the grounds of economic redevelopment (Kelo v. New London). Even though the plaintiffs (the home owners) claimed the seizure was a violation of the Fifth Amendment’s taking clause, the Connecticut and U.S. Supreme Courts ruled in favor of New London. The court ruled the seizure was an acceptable application of ‘public use’ because the land was not taken for the benefit of a select group of private individuals but, rather for the benefit of the community under the revitalization plan. The Kelo v. New London case is fully analogous to Martin’s situation. Under the Kelo precedent, Martin’s land has been seized for ‘public use’ - the construction of a resort for the benefit of the Wilmington community - and he is without legal standing to recover his property.

Read More

The Importance Of Eminent Domain

1003 Words | 5 Pages

This aspect renders eminent domain a major causal aspect of legislation controversies, as eminent domain presents a profound basis for litigation, which affects peace, harmony and unity of the United States as country. In this light, there is a dire need for the U.S government to abolish the practice of eminent domain, and to face the endeavor of finding new strategies, and new principles of acquiring private property in cases where the needs and wants of the public are deemed necessary (Gallagher & Elizabeth, p

Read More

Summary Of Robert Nozick's Anarchy, State, And Utopia

1712 Words | 7 Pages

In his Anarchy, State, and Utopia, Robert Nozick describes an interesting and unique theory of justice which focuses not on the person and his rights, but instead considers each person to be a piece of property owned by him or herself. He then describes the rights of this property. In his entitlement theory of justice, Nozick described three principles which outline how one may come to hold property, how property can be justly transferred from one person to another, and how to rectify injustices. According to Nozick, these principles form the basis for identifying injustices. This serves to minimize the power of the state.

Read More

Essay On Preservation Of Liberty

765 Words | 4 Pages

A Constitutional Perspective on The Preservation of Liberty To establish which amendment in the Bill of Rights is the most influential to the preservation of liberty, one must first determine the true meaning of the word liberty. The Oxford dictionary defines liberty as “The state of being free within society from oppressive restrictions imposed by authority on one's way of life, behaviour, or political views.” Not only is this one of the core values ingrained into the base of our American culture, but it is also one of the main characteristics of a successful community (“First Amendment.”) Many societies argue that citizens do not have basic rights, the first amendment does the best job at protecting the nation's rights from the government by giving individuals freedom of speech, religion, and freedom of petition. The First Amendment has five freedoms guaranteed for the American people’s such as the right to religion, speech, and petition.

Read More

More about Essay On Eminent Domain

Related Topics

Open Document