ipl-logo

Pros And Cons Of Eminent Domain

1490 Words6 Pages

Eminent domain has been around a long time, codified into the Fifth Amendment of the United States Constitution, protecting citizens from the seizure of private property by the government without just compensation. It is the power of a government agency or limited types of private companies to involuntarily acquire private property rights in exchange for the payment of just compensation (2013). The government’s right to eminent domain is a very big topic. Eminent domain in today’s society is rarely noticed, and what good that comes out of its use is sometimes unknown. Without it our urban areas would be great places with land not being used. The good that does come out of eminent domain is when an area is not being used, the government …show more content…

The owners could feel the price the government is offering for their property is too low, or perhaps they don’t want to sell their property at any price. Depending on regional laws and which governmental department is involved, the property owners can fight back. For example, they might file a lawsuit against the federal government in the U.S. Court of Federal Claims. That is why eminent domain is such a controversial topic because not only can there be benefits, but there can also be ways in which some people do not want to give up their land, and do not benefit from giving up their land. Some owners believe that giving up their land would cause them to lose out on …show more content…

The new laws will be applied shortly after. However, before people are too quick to dismiss the city leaders of New London. The people should consider the underlying merit of their responsibilities. Eminent domain can indeed be used to breathe new life into blighted areas, just as the New London leaders wanted to do. Certainly there have been problems and errors. Wise judgment is needed by our governmental leaders as they apply their eminent domain powers. If a mistake is made, then officials should be quick to correct it (2005). However, in most cases eminent domain is used sensibly, and we must not forget it. We should not be too hasty to give eminent domain a bad label. With proper planning and wise judgment eminent domain can be used to make our cities into greater places

Show More
Related
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
359 Words | 2 Pages

Discovery of land brings with it the right to obtain title either by purchase or conquest, subject to the Indians’ right of occupancy. However, the treaty ending the American Revolutionary War transferred sovereignty and power of the lands under such transfers from the British to the United States. The land conveyance to Johnson in this case was made under English rule. The land came under American rule and thus the transfer to Johnson became invalid under American law after the American Revolution,. Additionally, the Indians had a right to annul the agreement with Johnson and reserve the land for themselves in the treaties between the Indians and the United States,.

Read More
571 Words | 3 Pages

We are ‘settlers’. We take up land that belongs to us, American citizens, by paying the government price for it.” (Burton 238). This comment on a deeper context was the view and beliefs of American in 1848. Additionally, the social hierarchy is apparent and supports Alamar’s comment that there is inequality and prejudices within the U.S. government.

Read More
1063 Words | 5 Pages

Any right thinking father earnestly desires and strives to leave his son both an untarnished name and a reasonable equipment for the struggle of life. So this Nation as a whole should earnestly desire and strive to leave to the next generation the national honor unstained and the national resources unexhausted. Such a policy will preserve soil, forests, water power as a heritage for the children and the children’s children of the men and women of this generation. The opinion of the Maine Supreme Bench sets forth unequivocally the principle that the property rights of the individual are subordinate to the rights of the community, and especially that the waste of wild timber land derived originally from the State. The Court says that there are two reasons why the right of the public to control and limit the use of private property is peculiarly applicable to property in land: First, such property is not the result of productive labor.

Read More
175 Words | 1 Pages

The 1906 Antiquities Act is a law that gives the President of the United States the authority to declare historic landmarks, structures, and other objects of historic or scientific interest as national monuments. The act was designed to protect cultural resources and prevent looting and destruction of archaeological sites and artifacts. The Antiquities Act provides several specific protections for cultural resources. For example, it makes it illegal to remove, damage, or destroy any archaeological resource located on public lands without a permit. It also provides for the preservation and protection of historic and prehistoric structures, including buildings, ruins, and other artifacts.

Read More
1069 Words | 5 Pages

The government has the power to take a person’s property if it could benefit the community. There are many procedures that the Fifth Amendment has placed on the government to put limits on eminent domain. These measures are taken so that the government does not become overly powerful. While the Fifth Amendment was created to ensure that all citizens are treated fairly, there have been several court cases that have brought questions to how much power the Fifth Amendment

Read More
1055 Words | 5 Pages

Franklin D Roosevelt once wrote, "Real-estate cannot be lost or stolen, nor can it be carried away. Purchased with common sense, paid for in full, and managed with reasonable care, it is about the safest investment in the world." Unfortunately, President Roosevelt could not have foretold of the abuse that his government would inflict through the use of Eminent Domain. Eminent Domain is defined by Merriam-Webster as; the right of the government to take property from a private owner for public use by virtue of the superior dominion of its sovereignty over all lands within its jurisdiction. (2)

Read More
452 Words | 2 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.

Read More
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
533 Words | 3 Pages

From a cultural lens, eminent domain has resulted in blunt acts of racism and warped the perception of culture to those at the short end of the stick. People who are pro-eminent domain use it as a way to justify their racism and hatred for immigrants. Eminent domain has affected the way of life for people, especially minorities. Being a minority in cases where eminent domain is involved will most likely lead to the government winning, and getting its way. The government’s intervention in the lives of people can cause a shift in their norms that can lead to irreversible damage that they must endure.

Read More
473 Words | 2 Pages

The homesteading or back to the land community is one of people seeking self-reliance and independence for various reasons through small scale independent farming and food preservation and crafting. The members are very diverse and include but are not limited to individuals who consider themselves environmentalists or survivalist. Most become homesteaders without any homesteading background or agricultural skills and so the information needs of these individuals are met through printed material as well as homesteading websites, blog posts, and YouTube channels. These homesteaders are what Antonia Smith in her article The Farm Wife Mystery School,calls a social movement learning in in an online community of practice (Smith, 2015 pg 143). There is no structured online class that one takes and then is certified a homesteader.

Read More
1063 Words | 5 Pages

The world is always changing rather it be technology, trends, or medicine. For a reason Americans take these changes with open arms but when it comes to gentrification the subject becomes controversial. Nothing ever stays constant in this world and that is because as humans we are always looking to move forward towards improvement. There are those who believe the idea of gentrification is horrible ruining family orientated businesses and creating a loss of culture. So, if people are open to change, why not allow the change to improve cities?

Read More
291 Words | 2 Pages

The laws of real estate depend completely on the state that you live in. The state that you reside in holds their own exclusive jurisdiction for all plots of land that are found within their state lines. The reason for this is because when the laws were put in place, many states offered different types of crops. The propositions in the law were put there so there was a clear view of the way each crop would be cultivated and distributed. While the states today don’t have these same reasons, they do still have control over how the land is owned.

Read More
2558 Words | 11 Pages

Adverse Possession is a claim to the title of a private (non-governmental) property by an occupant who has notoriously, openly, and visibly occupied the property continuously for a certain period (commonly 12-20 years). It may be claimed for a property that has been abandoned, or in opposition of the rights of its actual lawful owner who does not challenge its possession by the claimant and the claimant enjoys the possession without paying any consideration for the land. Section 27 of the Limitation Act, 1963 proclaims: At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished. This provision, when read with Articles 64 and 65 of the Schedule to the Limitation Act, 1963 establishes the law of adverse possession as it stands in India today.

Read More
996 Words | 4 Pages

Intellectual property rights: IPR is a collective term for a bunch of laws that protect investment in intellectual assests http://www.slideshare.net/nipclaw/introduction-to-ip-23715204 Copyright- copyright Is a personal and assignable legal right, which is given to the originator for a certain number of years, to publish, print, film , perform, or record literary, artistic, or musical material. The following copyright Acts are repealed: Copyright Act 1912; Copyright Act 1933; Copyright Act 1935; Copyright Act 196 Copy right ACT 1912- https://www.unodc.org/res/cld/document/aus/1979/copyright-act-1968_html/Copyright_Act_1968.pdf copy rights protects original dramatic, films, artistic, musical works, arrangements of published editions and sound recordings. People who are dancers or artists or musicians or any other type of performer all have the right to refuse unauthorized taping or filming which is known as rights in performances.

Read More

More about Pros And Cons Of Eminent Domain

Related Topics

Open Document