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

Show More
Related

  • Hawaii Housing Authority versus Midkiff

    991 Words  | 2 Pages

    ...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.

    Read More

  • What Two Types Of Regulatory Action Automatically Trigger Compensation

    728 Words  | 2 Pages

    Another regulatory action is when government denies all economically beneficial of productive use of the land. The beachfront management act of 1988 made his land void of economic benefit and productivity. This Act court must view it as a taking unless it forbids a use already forbidden under common law. In this case, compensation would not be guaranteed and depend on whether the government interest was sufficient to prohibit the activity (Halbert & Inguli, 2014).

    Read More

  • Kelo Pros And Cons

    943 Words  | 2 Pages

    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

    Read More

  • Nebraska Eminent Domain Used for the Acquisition of the Keystone Pipeline

    661 Words  | 2 Pages

    The concept of eminent domain is the condemnation of property for the public’s well being or good for private use is not the original intention and should not be used in this way. Private corporations and individuals are using the initial purpose was for the acquisition of land for the building of railroads and highways. The use of eminent domain has changed over the years by law, government and legal interpretations. These changes have allowed private interest groups to petition the state and local governments for eminent domain to be declared on property where the owners refuse to sell. Each states position on eminent domain is decided by the legislature and the voters of the state for use by private corporations and individuals. The claim by the corporations and individuals is that there projects is for the good of the public which plays of the condemnation of property and roads of being for the public’s well being. The use of eminent domain for the acquisition of land to build the Keystone Pipeline does not fall within the confines of for the public’s well being.

    Read More

  • American Imperialism In The 19th Century

    1219 Words  | 3 Pages

    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.

    Read More

  • Homestead Strike Essay

    1919 Words  | 4 Pages

    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

    Read More

  • The Case of Marbury v. Madison

    989 Words  | 2 Pages

    ...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.

    Read More

  • Morrill Land Grant Act Essay

    777 Words  | 2 Pages

    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.

    Read More

  • Homestead Act Essay

    1415 Words  | 3 Pages

    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.

    Read More

  • Bluegrass Pipeline Essay

    898 Words  | 2 Pages

    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.

    Read More

  • Arguments Against Eminent Domain

    523 Words  | 2 Pages

    Eminent Domain is really a hard thing for courts, because the property owners have started to “rebel” against this “law.” This process is called inverse condemnation. According to one web site I found it says to exercise eminent domain, the government much prove that the four elements set forth in the Fifth Amendment are present: (1) private property (2) much be taken (3) for public use (4) and with just compensation.

    Read More

  • Religious Freedom Restoration Act

    1871 Words  | 4 Pages

    In other words, the government did not have to have a reason to impose laws

    Read More

  • Male Voting Rights Dbq Essay

    1090 Words  | 3 Pages

    In the mid-nineteenth century America, the concept of liberty and the significance of property feuded among expanding male voting rights. In 1821, at the New York constitutional convention, arguments were made between liberty and the rights of the American people and the importance of land ownership (Hewitt, Lawson 289-90). Liberty, in American society, is summarized as the rights and freedoms of each citizen. The liberty of the people gave each man the right to vote, however, the ownership of property restricted some men from practicing their rights in the mid-nineteenth century. The importance of owning property in the 1820s was highly important because at that time it was a way for men to vote (Hewitt, Lawson 289-90). In documents 9.8 and

    Read More

  • Eminent Domain Essay

    884 Words  | 2 Pages

    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.

    Read More

  • Essay On Eminent Domain

    1245 Words  | 3 Pages

    Eminent domain is the legal right to take away private property for public use by either state, or a private person or corporation. It is legally taken away for the purpose to exercise the functions of public characters. Eminent domain gives power to the federal, state and local governments, school district, hospital district, or any other agency to take away private property for the use of the public needs. Eminent domain also gives the power to the government to take away private property if needed to public needs, even without the owner’s full consent. In case of eminent domain, the owner of the property gets payments from the government through compensation. Most of the times, when the government takes away private property, it is for the needs of roads, public schools, or other useful utilities. Eminent domain in the Unites States is also mentioned in the Fifth Amendment of the constitution. The Fifth Amendment states, “ nor shall private property be taken for public use without just the compensation”. The proceeding to take the private property under the eminent domain policy is called condemnation proceeding. Eminent domain is not limited to freeway widening projects, however, it may include projects like working on a new city hall, shopping center, an office building, a bicycle path or a golf course. Nevertheless, Eminent domain not only applies to private property but also personal property. The government has the right to legally take away even a person’s personal property for the use of public needs. There are also two types of using the eminent domain. One way of using the eminent domain is taking just one part of the property from the owner and paying the owner. Second way of using emine...

    Read More

More about Eminent Domain Essay

Open Document