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Introduction for eminent domain essay
Eminent domain as a necessary evil
Eminent domain pros and cons
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Eminent domain is a constitutional tool the government yields to help build a brighter future for its cities at the cost of individuals. The government's limited use of eminent domain is essential for local governments to maintain improving the quality of life for their residents. Eminent domain is essential in today's progressive culture to ensure the common good is attained and helping cities develop whether that is by a means of National sport stadiums or infrastructure. 1. The power of eminent domain allows the federal government to fulfill its objective in serving the common good. The power of eminent domain originates from the fifth amendment of the US Constitution (realestate). The framers of the Constitution were opposed to principles …show more content…
of tyranny after being subjective to Great Britain but understood that the government needed certain powers to serve the public good effectively. This conceptualized eminent domain for the government to take private property for public use with just compensation. These powers enable and encourage big thinking politicians to reshape cities they govern that can lead to more city growth and stimulate their local economy. (forbes sites georgleef) Eminent domain can be classified as an uncomfortable legal principle that the majority of an electorate agrees but not specifically applied to them directly.
It is a concept of sacrificing one for the greater good. A common example would be to build interstate highways to fix the crumbling infrastructure of today. The infrastructure of a nation correlates and benefits its economy. The founders included eminent domain for local governments to potentially save millions of dollars for public use and potentially stimulate the economy. The rights of communities to develop and grow without threats of private property owners to take advantage are protected. Private property owners cannot cripple or hold hostage cities by making community development projects unattainable. Local bureaucrats have a local duty to serve their respective electorate, and eminent domain is one tool they have to accomplish their service for the common …show more content…
good. 2. George W.
Bush, a president who campaigned for private property rights in 1994, was an investor for the Global Life Park in Arlington for the Texas Rangers Baseball team. The city of Arlington used eminent domain to obtain 13 acres for the Rangers Ballpark in the 1990's. The initial $606,302 investment of George W. Bush transformed to $14.9 million. (ij.org) Two streets west of the Global Life Park in Arlington situates the AT&T Dallas Cowboys Stadium. Like its counterpart in Arlington, America's team had the city utilize eminent domain to obtain land for the necessary 134 acres needed to build one of the largest football stadiums. The city of Arlington performed a democratic act by being fully transparent on the project and turning to city voters on the issue of using eminent domain to build the Texas Rangers ballpark and later the Dallas Cowboys stadium. By accomplishing these feats in building two national stadiums, Arlington was able to achieve one primary objective, putting the city's profile on the national stage (Star telegram). The city of Arlington received national publicity by housing these two stadiums. Arlington has seen vast improvements and growth. Both stadiums have not only paid back their debts but provided an incalculable economic value. It is a hub for business year-round which has stimulated economic growth and development. The Dallas Cowboy's stadium project led to the improvement and expansion of the infrastructure nearby. Roads were paved and
repaired, and Highways were expanded. While the controversial issue of eminent domain does not have much to do with baseball or football, 10 other cities have used eminent domain for sports stadiums (IJ.org). The city of Arlington Texas has paved a constitutional method for other cities to follow in the case of eminent domain. 3 counter: People get a fair value for what they asked Some conservatives argue that local leaders bully low class by seizing their properties (forbes sites georgleef). Local governments give landowners the right to reject and contest low offers. The US constitution protects a property owner's right to just compensation for condemned property. Adequate compensation is generally considered to be fair market value. Fair market value is the price a willing buyer would pay to a willing seller. Other conservatives argue that If the government has to use eminent domain, it can mean that the project is not economically viable enough for private industry to invest. Therefore, by spending tax dollars to purchase land through eminent domain, you do stimulate the economy but not as efficiently as if those tax dollars stayed in private industry. Yet, this cripples the government's power at the mercy of private ownership. In terms of the city of Arlington, eminent domain was essential in accomplishing the project, hence making this argument not fully applicable. conclusion If eminent domain was not a tool available to local government, individual private property owners could effectively restrict residents from the vast benefits associated with change and economic development. These private owners make their lands inaccessible to growth and maximizing their own well-being and not the greater good. Eminent domain provides a barrier to corporate and private greed. Eminent domain is essential for progression in communities. Local governments have a responsibility to provide economic growth and cultural prosperity for its community while safe guarding the rights for their respective citizens.
...udicial branch of the American government must be checked by the legislatures of states. To prevent instances like this from reoccurring, it is essential for state legislatures to take preventative steps and draft bills that would further limit the ability of the government to appropriate private property while still protecting private property owners. At the federal level, since it is abundantly clear from the case of Midkiff that the Supreme Court will defer to the Congress to define “public use,” a constitutional remedy needs to take place in the form of an amendment to the Constitution. It would be essential that an amendment to the Public Use Clause would specify the guidelines and standards of a “public use” to preserve the original intent of the legislative authors and provide the necessary private property protection to which all all Americans have a right.
Lacayo, Richard. “Inside the New Dallas Cowboys Stadium.” Time.com. 21 September 2009. Web. 2 December 2009.
The Constitution of the United States is one of the most iconic and important documents of all time. However, when it was first generated, its writing and ratification caused some major concerns. The purpose of the Constitution was to address the great number of issues of a new nation. To be more specific, the Constitution was meant to resolve the political, economic, and social problems of the country. Nevertheless, the document spurred much discussion and concern over people’s rights, the economy, and political corruption.
The 19th century set the stage for different policies that lead to the extending of America’s power, which is defined as imperialism. Imperialism started for different reasons like the Americans wanting the U.S. to expand or explore the unknown land, or even some feared existing resources in U.S. might eventually dry up. The reason imperialism started doesn’t really matter, but more of what it caused. Imperialism lead to Cuban assistance, the addition of Hawaii and Alaska to America, and Yellow Journalism.
The Homestead Steel Strike occurred in June of 1892. The strike took place in Homestead Pennsylvania and involved the Carnegie Steel Company and the Amalgamated Association of Iron and Steen Workers (the AA). The Leader of Carnegie Steel Company was Mr. Andrew Carnegie. His company produced such cheep materials that creations like bridges and skyscrapers were not only feasible but affordable. He was creating a revolutionary period for steel and iron factories. The Amalgamated Association was an American labor union formed in 1876 to represent iron and steel workers. They were a new type of union for the time period and they planned on making great movements to help their workers. While in the beginning, the relationship
When a new Minor League Stadium is under construction you can have a large impact of up to $5,812,756 in regional sales (Colcough, Daellenbach, and Sherony, 1994). Construction brings the opportunity for a boom in the job market. Once construction is done, it can leave some unemployment for those who were once employed to construct the stadium.
In the heart of downtown Los Angeles nestled within the valley of Chavez Ravine lies Dodger Stadium. Overlooking green valleys and rolling hills with the skyscrapers of the city behind it, Dodger Stadium appears as the epitome of peace in bustling Los Angeles. Few would fathom that beneath this sanctum of the Los Angeles Dodgers resides a village of Mexican Americans. Critics ranging from muralist Judy Baca, to academic writers Tara Yosso and David García, to the people displaced themselves argue that the creation of Dodger Stadium can never be justified because it destroyed a village. The construction of Dodger Stadium served the common good according to the definition given in the International Encyclopedia of the Social Sciences. The demolition of Palo Verde, La Loma, and Bishop was the fault of the City Housing Authority (CHA), not owner Walter O’Malley who capitalized on Chavez Ravine at the right moment. O’Malley was primarily a businessman who was in charge of the team to make money in order to satisfy thousands of customers while supporting the club’s workers. Finally, the majority of people living in Los Angeles supported the addition of a baseball team which would in turn benefit the city itself.
There have been many controversial laws passed throughout American history that have been a source of outrage across the nation, but one of the arguably most controversial acts made into law is known as the Dawes Act. During the time that this Act was considered by the American government, racial tensions were high against the American people and the Native Americans due to the hunger for land preoccupied by the Natives. Senator Henry Dawes proposed a bill that he and his supporters believed would help reduce tensions and assimilate the supposed savages into what was believed to be a more civilized way of life. The proposed solution was to dissolve the Indian reservations and divide the land among the Indians to give them a way to provide
...ers. It also defined what power a state has over a legitimate federal institution. For example, a state may not use its power to impede the operation of a federal institution by taxing its activities, but still has the authority to collect property tax from a federal institution.
(VOF111) In America power is within the population of the American people in comparison to the Romans who had to deal with aristocracy. As long as the government creates a just system and allows us our freedom and rights, conflict will not occur between the public and authoritative figures. However it is essential that they create laws so that no man has to much property, leaving them with an exceptional hold on power. As said in the document by Noah Webster, “property is the basis of power; and this,being established as a cardinal point, directs us towards the means of preserving our freedom”(VOF111). It comes down to the idea that the man who works the hardest, saves his money, and is a genuinely good citizen should possess his share of property and power rather then have it passed down from generation to generation within a family. Thomas Jefferson supported this belief and eventually passed a law in Virginia eradicating entail and primogeniture. This allowed those who work diligently to be rewarded due to all of their hard work paying off. He gave out a percentage of land to those that were of full age and did not already have it, which benefitted
On May 20th of 1862, President Abraham Lincoln signed, and put into effect, the Homestead Act of 1862. The Homestead Act opened up more than half a million square miles in the Western half the the United States during the Civil War. The Homestead Act was a major turning point in American History. It was a huge milestone for American history because its consequences included implications during the Civil War, but also paved the way for westward expansion within the United States.
The Anti-Federalists were not in favor of ratifying the new Constitution. Some Anti-Federalists wanted to keep the Articles of Confederation, others wanted to add some things and change some things in the new Constitution before they agreed to ratify it. Some very important Anti-Federalist’s were Patrick Henry, George Mason, and Richard Henry Lee. Anti-Federalists tended to be poorer and in lower classes than the Federalists. These people feared a central government and were afraid that the government proposed by the new Constitution could easily turn into a tyranny. The Federalists argued that the United States needed a strong central government in order to stand a chance against foreign powers, amongst other reasons that were all beneficial
The Declaration of Independence, written by Thomas Jefferson (with the help of Benjamin Franklin, John Adams, as well as many others), was signed on July 1st, 1776 in Philadelphia. Thomas Jefferson wrote the Declaration of Independence to appeal to the British Parliament and King and explain why the American Colonies wanted independence from England. Thomas Jefferson and the other delegates from the Second Continental Congress agreed that, “all men are created equal, that they are endowed by their creator certain unalienable rights” (p. 112) which became the base for nearly all of the points made in the document. Logical and emotional statements were used throughout the document to make impactful statements that would convince the audience of the seriousness of the matters they were presenting.
Nevertheless, by the system of checks and balances placed in the government, the Framers safeguarded the interests of property against attacks by majorities (Beard). The Framers of the constitution prevented those from the lower class from having an equal dis...
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,