Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Eminent domain example
Eminent domain example
Eminent domain example
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Eminent domain example
Because U.S. government overpowers landowners, alternative land options, reimbursement to landowners, and the use of government owned property should be implemented. Eminent Domain, the right of a government or its agent to expropriate private property for public use, with payment of compensation. Farmers and other community members with land and family businesses, which are being taken away from them. The major situation is government taking landowners land without permission, leaving them with less money and a lower income. Because U.S. government overpowers landowners through eminent domain, alternative land options, full reimbursement to landowners, and the use of government owned property should be implemented.
Three to four million
…show more content…
Americans have been forcibly displaced from their homes as a result of urban renewal taking place since, World War II. Land utilized to facilitate transportation, water supply, construction of public building (Federal Use of Eminent Domain). The one challenge with eminent domain, is that people are being overpowered by government which, people are losing farmland, their houses, and income. Have the government thought about the how the families are being affected or how things could be resolved with alternative land use. One solution for eminent domain is finding alternative location instead of using the land that is being compensated. For example if a private company planned to build a mall in a very small town, why not put something that is useful for a small town. Building a mall would bring more tourists into the town but, land that they would be using had been resident to a very historical site that was very important to the origin of the town. Why put something that wasn’t needed on a something that is very sentimental to a town and their families. A technique to solve this occurrence is to have government find land that is not in use by anyone at all, by doing this no one is losing their private property and no one is being emotionally devastated from memories made and money lost. Losing money can financially devastate a family, losing a house can destroy a family.
When the government does this kind of thing they are wrecking lives, which some people work very long hours and day just to provide for their family. Government by law has to give money to the family but, what about the memories made, investments, and improvements. The government only pays you what they think the property is worth, which by law they have to have a qualified appraiser come look at the house and determine the worth of the property for faithful reimbursement (Federal Use Of Eminent Domain). A commonly asked question about eminent domain is, ‘Can I assume that the government will treat me fairly under the eminent domain rules?’ The answer is no, the government is just like any other business they are going to try and get the property for as little as possible, the government is just like any real estate company or buyer of anything in the world (Federal Use Of Eminent Domain). The cheaper the cost the more they are going to want to take it and turn profit around. Solving this issue can stir up a lot of law influenced people, which government becomes very anger and determine if the property they are trying to take control of is really worth the court dates. In the Fifth Amendment it states, ‘Nor shall private property be taken for public use, without just compensation (CRS Annotated Constitution).’ Reimbursing people is a law written in the Constitution, government failing to pay people is an act of fraud. Government is going against what is written in the laws and yet they don’t stop (CRS Annotated
Constitution). Does government have any land of their own to use, instead of buying off and taking private land. The federal government owns nearly 650 million acres of land, which is 30 percent of the land area of the United States. According to the Washington Post, the government estimates suggest there may be 77,000 empty or underutilized building across the country (Federal Government Waste). Taxpayers are unaware of this situation and yet government continues to take private owned land away from them. Government continues to encourage private property owners to sell their property to use it for public use (Federal Government Waste). Homeowners have highly protected rights with respect to their property why should they sell their property that they are using to the government, which the government in return does nothing with the land leaving it vacant (Government Seized My Property). Some of the government owned land is home to wildlife and natures animals, that is a plausible reason for the government to save the environment for wildlife. But when the land isn’t used for that reason, there is not reason why the previous owners to that property to still be in control. In some cases the land may not always be suitable for the governments intentions, they still take it, why, because they want to feel the power of taking over someone’s property. In return people can resolve the government over powerment by challenging their statement and re-asking the government. What the land will be used for, if it is suitable for the specific job or task it will be asked to withhold (Government Seized My Property). If owners contact the police they have the authority to look over the requirements for the property to be seized, if the property doesn’t make the proper requirements the government can not take the property and put it under their name. Like I once said in the paper before the Fifth Amendment states, ‘Nor shall private property be taken for public use, without just compensation (CRS Annotated Constitution).’ Why shouldn’t the government pay the land owners for the things they are losing. It is not like the government is in any lose with not getting the property they wanted, if they can find property that fits the needs and no one is living in the houses property they can take control but it is cruel to take someone’s home let alone family legacy that could have been there for more than hundred years. The government can pay for the proper appraisal of the property in order to reimburse the family. Government has thousands of acres of land that they are not using; they can use their own land instead of taking over people that have owned the property for many years. Government is going against what is written in the laws and yet they don’t stop (CRS Annotated Constitution). Government people should be done doing pointless foreclosures. It is about time that government pay fairly to those lands that are being seized, they use their own land that they aren’t currently using, and find alternative ways to take care of the things they want.
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.
...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.
illegally settling upon the decreasing land of the Indians that the government noted as theirs. Due
Imagine living alone at 16, thousands of miles from your only family, no friends, and trying to gain land of your own. Hattie Brooks did just that, she was always known as Hattie Here-and-There because her parents died when she was young and she was shipped from relative to relative. She was bound to change that. She wanted something of her own, she wanted a home. So, in 1918 after receiving a letter leaving a homestead claim to her from a long lost uncle Chester she packed up all she owned and moved to Montana. She quickly found out how difficult and demanding farm life was. In order to own the land officially she had to prove up which included having to set 480 rods of fence, cultivate one eighth of land, and pay thirty-seven seventy-five
On the east coast people were also being taken advantage of by the government. As a result of the building of the Transcontinental Railroad, the government began giving out land grants ‒through the Homestead Act of 1862‒ for Americans to live on and farm; the only problem was that another culture was already living on the land: the Sioux Nation. After the S...
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
This theory of implied powers of congress has been the attitude with no regards to homelands of the Indians based on the doctrine of discovery. Congress can exploit all natural resources and develop settlements on Indian lands at their discretion. Such as, utilizing natural resources (lead, gold, oil, water, etc.) for profit, construction of dams in order to accumulate more land and irrigation for white settlers. This has exploited land and destroyed the livelihood of the Indians; the resources of lands of which Indians relied upon to live. Every controlling assumption of congress has revolved around attaining land from the Indians with bureaucratic inclinations of misinterpretations of law. This bureaucratic course of action abnegates the executive, judicial, and congress branches; avoids the trust relationship of Indian
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
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.
Another example to demonstrate why some of the land was taken unlawfully was signing of the Tierra Maria Grant. This grant sold a large amount of land that belonged to many heirs, however, the grant
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.
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...
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,