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A thesis statement for eminent domain
Eminent domain example
Eminent domain example
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Property is an owned object, whether that is land or a house or a computer. We own property, it’s our right to protect and decide what we do with that property. We worked hard to own property and we will fight to protect it from both foreign and domestic threats. When someone takes our property, we call it theft, but when the government does it, it’s called Eminent Domain. Under Kentucky law, KRS 416.540 (6), the common wealth has the right to take land for public use but for just compensation. Court cases have interpreted public use as a taking for any rationally related service for public purpose; which means that the government can take land for a non-governmental entity and that purpose doesn’t even have to directly serve the public. The issue that confronts many Kentuckians is whether or not the Williams and Boardwalk Pipeline, commonly called the Bluegrass Pipeline, serves for public use. Many people say that the pipeline will benefit the economy and provide jobs, while others complain that the pipeline will cause more harm than good. I am here to argue with the latter, the pipeline will cause much more harm than good. The pipeline is less for public use and more for national and international. In an expanded view the pipeline is very beneficial to the world but we are not talking about the world view. Much of the profit that would be made from the pipeline will be made in either in a foreign country or in a foreign state. And because all the profit that could be made will be made in a far off place, we are left will a lot of risk and little reward. The pipeline will be transporting several chemicals that are lethal to crops and people. According to the Bluegrass pipeline website one of the chemicals that are being tra... ... middle of paper ... ...ke and how much crops they kill. So if they do all our crops then we will either have to eat the millions or so that they promise or import even more food for our cities and towns from other states, which still helps America grow but makes us deepened on others that need to feed themselves first. So a vote against the Williams and Boardwalk Pipeline would save Kentuckians thousands of dollars in crops and water replacement, but it may also cost us some limited jobs and money but we don’t need 30 pieces of silver. We need to stop the pipeline from ever starting up again and funnel the money that would go into this waste of time into something that actually need the money and not something that has too much money already. Put the money into the Kentucky economy or into the Kentucky job markets, or better yet into education so all of Kentucky can live better off.
Iceland recognizes the issue of eminent domain, as they have had trouble with this in regards to geothermal deposits. However, they agree with the ECHR regarding rights to fair compensation. Governments should only take property if it will benefit the public as a whole.
“Urge the Senate to Stop the Risky Keystone XL Pipeline”. Letter. League of Conservation of Voters. Change.org. Web. 10 December 2013
...y within the United States and personal property used predominantly outside the United States are not property of a like kind.
The hallmark of a property interest is that the party “[has] a legitimate claim of entitlement to it.” Merely having an adverse effect is not sufficient to make something a property interest. Normally, something does not qualify as a property interest if the state has discretion over the entitlement. Courts determine discretion by looking to whether a benefit can only be removed for good cause. Property interests go beyond traditional types of property, such as land or goods, but instead can include a wide range of government benefits. For example, the Supreme Court has recognized property interests in welfare benefits, government employment, social security benefits, and licenses. Courts use a two-tiered system for determining property interests. First, as previously mentioned, courts determine whether state law provides a property interest, and second they determine whether the nature of the interest is such that it deserves constitutional protection. In summation, a plaintiff has a valid property interest if they can show state law provides them a entitlement that is of a nature that is protected by the due process
The positive aspects of ‘Lake’ Powell are few yet noteworthy. Glen Canyon Dam’s hydroelectric power-plant generates one thousand three hundred mega watts of electricity at full operation. That is enough power to supply three hundred fifty thousand homes. Glen Canyon Dam holds twenty seven million acre feet of water, which is equivalent to twice the Colorado River’s annual flow (Living Rivers: What about the hydroelectric loss?). One of the most valuable reasons for the dam to remain active is that “Lake Powell generates four hundred fifty five million dollars per year in tourist revenue, without this cash inflow, gas-and-motel towns . . . would undoubtedly wilt, and surrounding counties and states would lose a substantial tax base” (Farmer 185). These positive aspects are of no surprise considering they are the reason dams are built in the first place.
The Nebraska State Legislature is a one vote house which is unique for the US. This does not allow for the checks that are in other states. Thus, the legislature is more easily influenced in the decisions made in support of eminent domain for the building of the Keystone Pipeline. Lobbyists spent or contribute over $27.4 million with TransCanada being the top for 2011 to 2012. There is a belief that TransCanada is corrupting the state legislature. The lobbyist for TransCanada is Paul Elliot who was the deputy campaign director for Secretary of State Hilary Clinton.
It is often conceptualized that property is the rights of 'ownership'. In common law property is divided into real property, which is the interests in land and improvements there, and personal property, which are interests in anything other than real property. Personal property is divided into tangible property (such as a bike, car and clothse), and intangible property (such as bonds and stocks), which also includes intellectual property (copyrights, trademarks etc). The modern property rights conceive of possession and ownership as belonging to legal individuals, even if the individual is not a real person. Hence, governments, corporations and other collective forms of ownership are shown in terms of individual ownership.
Of central interest to the “Taylor machine” is the Willet Dam Project, a bill which masquerades as a means by which to promote local agricultural interests but in reality only seeks to generate ill...
The opening stories on CNS and FOX on the topic of the pipeline are in support for Obama’s decision against the pipeline. The coverage over the controversy is very one sided and mainly talks about the negative effects of letting the pipeline pass through Montana, South D...
For the federal government to condemn property as blighted and then transfer it to private developers or corporations for the obvious purpose of increasing tax revenue is seen as being unfair and unconstitutional. The Constitution designates to Congress a list of specific enumerated powers. These powers can be found in Article I of the Constitution, which contains some important items. These powers range from things like declaring war, raising armies and collecting taxes. It also includes powers that are of secondary importance such as regulating the value of foreign coin and establishing post roads.(Baude, p1746) However, the power of taking private property is not c...
They felt they haven't been "properly consulted", and they felt none of their concerns were met with any real analysis or consideration. The People of Plateau are going to challenge it through legal remedies. Even though, some of First Nations have signed a mutual-benefit agreements with the owner of the pipeline. The People of Plateau and the people of other First Nations was looking for a degree of respect that is so far absent from the federal and provincial governments as well as Kinder Morgan, the owner of the
Fracking can cause harm to people, animals, and nature. When they drill into the ground they are pumping chemicals to extract the gas and oil, and this contaminates the water sources around it. “An editorial on gas extraction from the Marcellus Shale in the Post-Star, a newspaper in Glens Falls, New York, contends, “New York state simply can’t take the risk. There are plenty of places to find fuel. It’s not so easy to find a new water supply for 17 million people.”” (Hydrofracking
The Takings Clause states that no private property will “be taken for public use, without just compensation”. The issue of eminent domain is more an issue of whether or not the government can take property, it’s an issue of how and why the government is taking the property. For example, in Clark v. Nash (1905) Utah passed a statute granting the right to condemn land for the purpose of conveying water in ditches across that land for irrigation. The courts upheld this broad definition of “public use” and allowed Utah to condemn property for an irrigation ditch. The issue of just compensation is seen in Home v Department of Agriculture (2015). In this case, the courts upheld the government’s decision to seize 47% of raisin farmer’s crops to stabilize the market, with the condition that the government pay the farmer’s fair value on what they would have earned selling the raisins
A general knowledge of injustice perpetrated against Native Americans is crucial, but in order to prompt serious change, the public needs to be educated about how decisions regarding the pipeline affect everyday life on the reservation. When the pipeline was proposed, it initially traveled through Bismarck, North Dakota, where the residents complained about the potential hazardous effects of the pipeline. Immediately, it was rerouted towards the Standing Rock Sioux reservation, where residents suffer a much lower quality of life than non-reservation counterparts: a 43% poverty rate, 79% unemployment, rampant alcoholism, and some of the highest childhood mortality, suicide, and dropout rates in the country (Lee). Life can be bleak on the reservation,
The government taking someone’s property is known as eminent domain. The U.S. Constitution states that private property cannot be taken for public use without payment. The government is always looking for ways to receive tax revenues of public use, such as parks, railroads, or duplex apartments. The Supreme Court has sided with the developers rather than the homeowner who does not