Eminent Domain Essay

514 Words2 Pages

Protecting the property rights and interests in eminent domain What is Eminent Domain? According to the Fifth amendment of the constitution of the United States, Eminent domain is the power of a private corporation or a person (a public authority), municipality, or a state government to take a private property from the owner by paying him or her the compensation amount. These bodies can also take the possession of a private property by exercising their power. This government’s possession deprives the owner of economical use of his property. Associated Facts The various property rights are land, water, and air rights. When the government takes the control of a private property, it is called as the “taking.” Property owner means that the …show more content…

The owners of the private property are now undertaking actions against the eminent domain’s private property power and the government in inverse condemnation proceeding. The property owners are questioning the regulations, ordinances, and laws that give the government the right to take any private property. The regulatory taking of Florida and the U.S. constitutions requires - There is no requirement of a regulation to put into operation the purpose of the government. Depriving the owner of all economical uses of property. It is difficult to meet these requirements, thereby making it difficult for the regulation to impact a private property by taking it to the point of eminent domain. The eminent domain private property works on the foundation of strict rules and the government should exercise its power and rights as the constitution instructs. Therefore, the procedure of taking the private land will follow abide by the rules of legislature statutes. There are few points that require strict considering before compensatory taking of any private property - What would be the economical consequences of eminent domain? Reasonable expectations of

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