Essay On Eminent Domain

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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.

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