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The benefit of eminent domain essay
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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.
The Nebraska State Legislature is a one vote house which is unique for the US. This does not allow for the checks that are in other states. Thus, the legislature is more easily influenced in the decisions made in support of eminent domain for the building of the Keystone Pipeline. Lobbyists spent or contribute over $27.4 million with TransCanada being the top for 2011 to 2012. There is a belief that TransCanada is corrupting the state legislature. The lobbyist for TransCanada is Paul Elliot who was the deputy campaign director for Secretary of State Hilary Clinton.
TransCanada has an existing pipeline through Nebraska that connects through Steel City, ...
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... and the federal government must give the states the power to implement these changes.
Works Cited
http://law.justia.com/cases/pennsylvania/supreme-court/1969/434-pa-244-0.html http://www.lexology.com/library/detail.aspx?g=77fbf36d-587c-419e-ae52-655138fb69b1 http://nebraskalegislature.gov/about/history_unicameral.php http://www.nwf.org/What-We-Do/Energy-and-Climate/Renewable-Energy.aspx http://www.huffingtonpost.com/2011/10/03/keystone-pipeline-lobbying-state-department_n_991867.html http://watchdog.org/86989/lobbyists-spend-millions-to-influence-nebraska-lawmakers/ http://www.usnews.com/news/articles/2014/02/19/nebraska-judge-law-allowing-keystone-xl-unconstitutional http://www.nytimes.com/2011/10/18/us/transcanada-in-eminent-domain-fight-over-pipeline.html?pagewanted=all&_r=0 http://www.condemnation-law.com/state-information/general/nebraska-eminent-domain
The Land Reform Act of 1967 permitted the state of Hawaii to redistribute land by condemning and acquiring private property from landlords (the lessors) in order to sell it to another private owner, in this case, their tenants (the lessees). The Hawaii State Legislature passed the Land Reform Act after discovering that nearly forty-seven percent (47%) of the state was owned by only seventy-two (72) private land owners. That meant that only forty-nine percent of Hawaii was owned by the State and Federal Govermnet.The contested statute gave lessees of single family homes the right to invoke the government's power of eminent domain to purchase the property that they leased, even if the landowner objected. The challengers of the statue (the land owners) claimed that such a condemnation was not a taking for public use because the property, once condemned by the state, was promptly turned over to the lessee (a private ...
On the 9th of February 2004 TransCanada Corporation, an energy company based in Alberta, Canada proposed a plan for the installation and use of a pipeline that would stretch from Alberta, Canada to oil refineries in the Gulf Coast of Texas in the United States. The pipeline, titled the Keystone Pipeline, would be installed in four separate phases and once completed would transport up to 1.1 million barrels of synthetic crude oil per day. Phases two through four of the pipeline encompass the parts of the pipeline that would be installed in the United States and would be located in the states of North and South Dakota, Nebraska, Missouri, and Illinois. TransCanada is currently awaiting approval from the US government in order to begin the installation of the US portion of the pipeline.
The Dakota Access Pipeline and the Keystone XL Pipeline are two pipeline projects that were suspended in the past. These pipelines were stopped because they could have a big impact of people and the environment. The making of these pipelines would cause a great amount of carbon pollution. Recently, President Trump signed the orders to approve the pipeline project. The projects have pros and cons, the people in favor of the pipelines think we would be able to rely less on foreign oil. The people against the pipeline believe that the pipelines would cause the release of gases into the air that could be harmful for other people.
Powers are not directly given to the people, but instead of those they elect to run the government. Therefore, a proposition should be made to where the people have a voice. There shall be a fusion between direct and representative democracy in both federal government and the states. Having more of a direct democracy will make it to where the people bring up any current issues that they want solved. Often, those who represent the states are bought out by elites so they can benefit for themselves through the legislation that they make. By having a direct democracy the people will have the power to be able to bring issues that they want and will therefore, be solved by those who represent them. This also solves the issue
...re inevitable considering the vast difference between the scopes of the federal constitution and those of local states.
The issue furthermore prompted the debate on whether states can dictate their own local laws, more legislation in this field will result in states having less control over their own independence; straightforwardly these laws would increase the power of the federal government, such an occurrence was one of the founding principles the originators of the American government sought to prevent.
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 Keystone XL Pipeline Imagine the world not as how it is now, but as how people wish it could be. There is no pollution, everyone has a job, the world is at peace and a safe place to live, and most importantly, everyone is happy. This is but a mere dream. Now open your eyes and look at it. See the reality of what the world truly is: we are intentionally hurting the environment, many people in the world are unemployed, many different countries are at war and people are dying because of it.
The Keystone XL pipeline continues dividing the opinion of the people and being a controversial issue. The precious “black gold”, represents one of the main factors that moves the economy, nationally and globally. This extra-long pipeline will transport oil all the way from Canada to Texas. Some experts and the private oil corporation, who is the one in charge of this project, point to the benefits of this project, for example, will make the USA more independent from foreign oil, will create thousands of jobs and improve the economy. Nevertheless, are experts revealing how the pipeline is an unnecessary risk and will be negative for the environment, dangerous for the population living close to the big pipes, and long-term negative for the
Eilperin, Juliet, and Scott Clement. “The Keystone Pipeline XL Pipeline and Its Politics, Explained.” The Washington Post. N.p., 4 Feb. 2014. Web. 3 Mar. 2014.
Eminent domain has long been a controversial power that both the federal and state governments possess. This power gives the right to the government bodies to expropriate private property or land, that it sees as being blighted, and put it to better use for the greater good of the public. For eminent domain to be exercised the seizing of the properties must meet the requirement that they will be for public purpose or public necessity. As long as this requirement is met the federal government cannot be stopped from acquiring private property. Because of this, the eminent domain power has come under tremendous scrutiny for being unfair and unconstitutional. Moreover, people that have fell victim to this law are protesting that they were not adequately compensated for the property that was taken. The law of eminent domain continues to be a point of debate as it has been continuously proven that this law has negative consequences on not only the residents directly affected by the ramifications of the law, but also the communities that are made up of these residences.
To define the terminology of federalism to a simplistic way is the sharing of sovereignty between the national government and the local government. It is often described as the dual sovereignty of governments between the national and the local to exert power in the political system. In the US it is often been justified as one of the first to introduce federalism by the ‘founding fathers’ which were developed in order to escape from the overpowered central government. However, federalism in the United States is hitherto uncertain where the power lies in the contemporary political system. In this essay I will outline and explain how power relationship alternates between states and federal government. Moreover I will also discuss my perspective by weighing the evidence based upon resources. Based on these resources, it will aid me to evaluate the recent development in the federal-state relationship.
The opposing argument serves as a perfect gateway to the topic of relationship between Federal and State government. In the United States, the Supremacy Clause serves...
be set at a national level. The federal government should keep a establish a national
Federal limitations to certain amendments, known as federal mandates, have taken power away from the masses. To secure democracy and avoid further abuses of power by the judicial courts, an amendment should be made to the Constitution prohibiting the federal government from putting down mandates that directly interfere with the power given to the states by law. Federal politicians use desultory commands as leverage to ensure that the states comply with their wishes. The federal government cannot tell the states what to do but such schemes are just unfair. An amendment abolishing federal mandates would create a stronger democracy by giving the state legislatures full control over the implementation of laws at the discretion of the voters thus placing power back in the heart of the US democracy, the people, where it belongs.