Essay On Eminent Domain

1245 Words3 Pages

Eminent Domain Introduction: 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... ... middle of paper ... ...e as a tool to help the public with its needs. The government is given power to take property from an owner to use it to build something the public is in need of. For example, building hospitals, airport authorities, community agencies, highways, and other community buildings. Eminent domain, recognized in both federal and state constitutions, is the power of government to condemn private property and take title for public use, provided owners receive just compensation. However, eminent domain has approved to be a very good help for the public in the past and now when is used following all the rules and the correct way. I believe eminent domain can stay as a power to the government if the government or other figures stop using it the wrong way and taking advantage of it. I am for this rule and believe is a good law in our country to support and benefit the public.

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

  • Essay On Executive Privilege

    2444 Words  | 5 Pages

    The power of executive privilege has been extremely controversial since basically the beginning of the United States as a democratic government. Many saw this power come into a greater public focus particularly during the Nixon presidency and the infamous Watergate Scandal, but the theory and use of executive privilege existed long before Nixon. As in true American fashion, some argue in favor of executive privilege, while others view it in a more negative light. The intense controversy is what makes executive privilege so intriguing to review in a deeper and more in depth analysis. The theory of executive privilege has derived its power throughout evolution of time, a series of presidencies, and quite a few pinpointed circumstances resulting in some very notorious court cases.

    Read More

  • Constitution Guard Against Tyranny Essay

    531 Words  | 2 Pages

    You may be thinking how did the constitution stop tyranny? Well we have the answer. Let's start of with what tyranny means, that a leader or king abuses their power. How did the constitution guard against tyranny? Well they abuse their power bad deeds. The constitution guard against tyranny in these four ways. Federalism, separation of power, checks and balances, and small states vs. large states.

    Read More

  • 14th Amendment Essay

    1434 Words  | 3 Pages

    The Fourteenth Amendment What amendment to the United States constitution is considered to be illegally ratified? What amendment both grants the right to vote to men and then takes away that right to vote? If you answered the fourteenth amendment to both questions you would be right. Although most people think of the fourteenth amendment as being a "civil rights" amendment, it also defines citizenship, voting rights, and states congressional representatives and electors numbers. In this paper I will talk about how the passage of the fourteenth amendment was a relevant event in history, how it impacts our country today, how it is viewed as the civil rights amendment in our textbook, how it has both positive and negative elements to it,

    Read More

  • 9th Amendment Essay

    625 Words  | 2 Pages

    The ninth and tenth amendments could be exactly what a women is looking for when choosing to have an abortion. While the ninth amendment states “there are other rights that may exist aside from the ones explicitly mentioned, and even though they are not listed, it does not mean they can be violated.” The fourth amendment states the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated. A woman not having the right to have an abortion would be like saying she doesn’t have the right to do what she wants with her body (violation of the 9th amendment) or in other words, her property.

    Read More

  • Indigenous Australian Land Rights Essay

    1722 Words  | 4 Pages

    Indigenous Australian land rights have sparked controversy between Non Indigenous and Indigenous Australians throughout history. The struggle to determine who the rightful owners of the land are is still largely controversial throughout Australia today. Indigenous Australian land rights however, go deeper than simply owning the land as Aboriginal and Torres Strait Islanders have established an innate spiritual connection making them one with the land. The emphasis of this essay is to determine how Indigenous Australian land rights have impacted Aboriginal and Torres Strait Islander people, highlighting land rights regarding the Mabo v. the State of Queensland case and the importance behind today’s teachers understanding and including Indigenous

    Read More

  • Essay On Constitutional Principles Of Government

    490 Words  | 1 Pages

    There are several key constitutional principles, such as popular sovereignty, federalism, republicanism, individual rights, and so on. The United States is a democracy and residences are considered the source of the government powers. Since America is well known for freedom, it is obvious that the government does not have powers to control everything. Limited government is another type of the constitutional principles as well.

    Read More

  • American Constitutionalism Essay

    1880 Words  | 4 Pages

    The Constitution of the United States is an intricate document, that has influenced and shaped many newly formed Democratic nations. Many people believe that the ideas in the American Constitution are all novel and original, but that is untrue. The roots of American Constitutionalism are found in the historical paradigms of Western tradition. The fact is, constitutional doctrines were long developed and put into use long before the birth of America. The Greeks, the Romans, the English, and even the Colonialist in the New World all formed constitutional doctrines that would later influence the Founding Fathers of the American Constitution.

    Read More

  • Asset Forfeiture Essay

    1613 Words  | 4 Pages

    What is forfeiture? A basic definition of forfeiture can be found nearly anywhere on the internet, including this one from Merriam-Webster, “the loss of property or money because of a breach of a legal obligation.” According to the Federal Bureau of Investigation’s website, there are two types of forfeiture, that of criminal and of civil. Criminal forfeiture typically happens after a criminal has already been charged with something after going through a legal process. They will have to give notice to the criminal, and then upon conviction, the government has rights to seize the assets in question from the offender ("Forfeiture."). It is essentially used as a form of punishment for committing a crime ("Forfeiture.").

    Read More

  • Unalienable Rights Essay

    504 Words  | 2 Pages

    According to Thomas Jefferson, all men are created equal with certain unalienable rights. Unalienable rights are rights given to the people by their Creator rather than by government. These rights are inseparable from us and can’t be altered, denied, nullified or taken away by any government, except in extremely rare circumstances in which the government can take action against a particular right as long as it is in favor of the people’s safety. The Declaration of Independence of the United States of America mentions three examples of unalienable rights: “Life, Liberty and the pursuit of Happiness”. I believe these rights, since they are acquired by every human being from the day they are conceived, should always be respected, but being realistic, most of the time, the government intervenes and either diminishes or

    Read More

  • American Imperialism Essay

    776 Words  | 2 Pages

    The presidency of William McKinley consisted of strict imperialistic policies that would benefit the advancement of American ideals. A new nation with new power began expansion both militarily and physically through an acquisition of influence in foreign territories. Under McKinley, these American influences spanned across borders in order to enhance the country’s ability to adapt to world change. These advancements in American society abruptly halted on September 6, 1901. As Leon Czolgosz assassinated President McKinley, America would reach a stalemate, and the future of the country would rest in the hands of former Vice President Theodore Roosevelt. While McKinley was one of the most respected presidents since Abraham Lincoln, Roosevelt attempted to further advance McKinley’s original beliefs through imperialism. While the assassination tragically impacted America’s forthcoming years, it

    Read More

  • Tenth Amendment Essay

    1467 Words  | 3 Pages

    Tenth Amendment Our bill of rights all began when James Madison, the primary author of the constitution, proposed 20 amendments to the bill of rights and not the ten we know of today. Madison sent these twenty proposed rights through the House and the Senate and was left with twelve bills of rights. Madison himself took some of it out. These amendments were then sent to the states to be ratified. Virginia was the tenth state out of the fourteenth states to approve 10 out of 12 amendments.

    Read More

  • The Homestead Act

    1405 Words  | 3 Pages

    Foner, Eric, and John A. Garraty. "Homestead Act." The Reader's Companion to American History. Dec. 1 1991: n.p. SIRS Issues Researcher. Web. 06 Feb. 2014.

    Read More

  • Process Of Forced Relocation

    391 Words  | 1 Pages

    First, relocation expenses are almost always handled outside any eminent domain action. A representative of the condemning agency will meet with the owner and discuss a fair and legal compensations, and if everything appears satisfactory to the

    Read More

  • Rule Of Law Essay

    1020 Words  | 3 Pages

    Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.

    Read More

More about Essay On Eminent Domain

Open Document