Plato and other ancient Greek philosophers saw no limits on governmental powers: all ownership interests derived from the ruler's good favor, which could be revoked at will. The concept that governmental powers should be limited, including a limitation on the sovereign's power to take private property, developed out of Western Christian legal tradition, beginning with the concept that church and state should be separate. Grotius, the seventeenth century jurist, originated the concept of "eminent domain." Grotius contended that the state possessed the power to take or destroy property for the public's benefit, but he further believed that when the state so acted, it was obligated to compensate the injured property owner for his losses. private property. Madison incorporated the concept that a government is morally obligated to pay for its interference with private property: "private property [shall not] be taken for public use, without just compensation." Thus, the Fifth Amendment of the US constitution imposes two distinct conditions - two checks - on the exercise of eminent domain: "the taking must be for a …show more content…
Prior to English colonization, land in India was held by various systems of tenure depending on the location and the cultural heritage. However, much of the land, particularly in northern India, was administered by a group of people referred to as zamindars. Though the zamindari systems varied greatly by region, it was generally the case that those working the land did not own it, but merely served as tenant farmers. The British, however, approached the administration of the land the way one would in a nation-state, even though India was nothing of the sort at the time. To this end, the British focused their attention on land acquisition for the building of infrastructure projects, and passed the first law to this end in
...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.
Not only did the Indians and Europeans use the land differently but also defined ownership of the land differently. The Indian woman defined and claimed the land as theirs by the crops planted and the rest of the land could be free for improvement. The Europeans viewed that, ‘“To define property is thus to represent boundaries between people; equally, it is to articulate at least one set of conscious boundaries between ...
Such power could allow cities to favor special interest groups or large corporations. It could be said, the Supreme Court’s decision concludes that there are no restraints a city must consider when taking for economic development and this creates a reasonable potential for abuse. Cities can claim that without eminent domain they cannot accomplish improvements or worthwhile projects within their communities. Many areas in which eminent domain is used are in low income neighborhoods. It is tremendously difficult for individuals in these areas to pay legal fees to fight cities from condemning their properties. Uprooting families, elderly and destroying small businesses is not a means for economic
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
The article investigated the individuals that were on the forefront of the enactment of the Morrill Act of 1862 and the events surrounding the act and the role it played in agricultural education. The author stated that while Justin Morrill deserved credit for the passage of the Morrill Land-grant Act, there were others who played a vital role in the initial review and should be credited for their work. In addition, the research examined the authenticity of teacher preparation of agricultural education at normal schools and land grant institutions. With the passing of land grant legislation, a large number of students enrolled in agricultural education courses, which increased the need of preparing teachers in agriculture. However, the article suggested that teachers were not imparting the entire story of the land grant act, because they did not know it. The purpose of this paper is to review the article for the rest of the story of the establishment of the land grant act and its relationship to teacher preparation.
This first homestead bill was proposed by Republicans in the North, before the Civil War. It was overcome in the Senate by 1 vote because the Senate was filled with Southern Democrats who wanted to keep the Western territories open, or more or less save it for current, or future slave owners. Then, in the following year, 1859, there was another bill that was introduced, but sadly vetoed by President James Buchanan. In 1861 the South seceded from the union, President Abraham lincoln took office, and the Homestead Act was high on his agenda. The now then Republican filled Congress passed the Homestead Act bon May 20, 1862. The Homestead Act of 1862 was definitely a turning point in history because it was one of the first major movements by President Lincoln to move towards the ending of slavery. Although this was not a direct action, it was something Lincoln hoped would help dissipate
The amendment that raises my own eye is the Search and Seizures Clause of the Fourth Amendment. Like most of the Bill of Rights, the Fourth Amendment has its origins in 17th and 18th century, English common law. Unlike the rest of the Bill of Rights, the Fourth Amendment's origins can be traced precisely it arose out of a strong public reaction to three cases from the 1760s, two decided in England and one in the colonies. Two cases from England, “Entick vs. Carrington” and “Wilkes vs. Wood”, involved plaintiffs who produced pamphlets criticizing the government. During the arresting, officials seized books and papers from the plaintiff’s property. A court agreed that the officers’ actions constituted trespassing. The third case occurred within the colonies and involved “writs of assistance,” which permitted officials to search for smuggled goods without specify which house or what goods.
The undertaking of a project as large as building a railroad across the expanse of the United States seemed impossible and way too expensive for any railway companies to undertake; therefore, in the early/mid 1800’s, railway companies and business people began approaching legislators in an attempt to convince them to support railroad expansion. This, combined with economic necessity, helped to pass the first of several land grant bills. The bills entailed the gifting of public land to railroad companies in exchange for railroad track being laid in designated areas. The land that was not used for track was then sold. Both railroad companies and the government gained from this. The land where track was laid also became more valuable and the profit that was made from the sale of the land was used to pay for materials and labor to continue the railroad expansion. (Railroad Land Grants).
James, Lawrence. Raj: The Making and Unmaking of British India. New York: St. Martin's, 1998. Print.
Private property is prohibited among the guardians, for they are meant to survive on the rations of the state (Plato 415c). Collective ownership was allowed, for it promoted common pursuits of common interests. For Plato, ari...
In order to understand why the war between the US and Mexico happened, it’s important to understand what each side was fighting for. I found “Manifest Destiny: An Introduction” to be very informative and provided thorough explanations of each side’s struggle. America was in search of manifest destiny and Mexico was coping with becoming a newly independent country.
Perhaps the biggest failure in the reservation system affecting current times is in the status of laws and jurisdiction. Communal land ownership and federal trust restrictions on land ownership and use inhibit economic development and many land allotments are owned collectively by groups of individuals. Multiple ownership makes it difficult to manage the lands and it reduces benefits to individuals. It is also nearly impossible to use the land as collateral for obtaining loans because of federal protection from encumbrances on trust
The reason that unreasonable restrictions on the individual's interests cannot be entirely ignored is that human nature doesn't allow for such selflessness. Since that is so, citizens will not allow for common good to exist in a society if it as the expense of their interests. However, small restrictions can be readily accepted it they believe that such impositions actually affords them the safety and opportunity to nurture their interests. For example, the property owner will gladly pay taxes to the government for the common good if they believe that the government will protect them those who would steal their land. In Aristotle's critic of Plato, Aristotle points out that humans cannot learn what the common good and what their proper role in society is without having individual interests. For example, Aristotle pokes holes in Plato's position that philosophers should not possess personal property as irrational as it does not take into consideration that property ownership "contributes to the overall rational structure of society and thus to people's happiness," which is a requirement before the common good can be realized. Aristotle's criticism of Plato hinges on the presupposition that personal happiness must exist before civic virtue can. Accordingly, family, friendship, and personal property are "needed in order to enable individuals to feel that their lives have value, and both are necessary dimensions of a well-organized polis that secures a sense of communal solidarity among diverse people" (DeLue 54).
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,