Argumentative Essay: The Legalization Of Eminent Domain

Words: 469
Pages: 2

When this campaign season began, I expected there were going to be plenty of issues discussed. Arguments regarding the economy, criminal justice and cybersecurity was just some of what I was anticipating.

Never once did I consider eminent domain an item worth discussing. Then again, I did not expect a real estate mogul to be leading the Republican presidential nomination race, either.

One of the highlights of last Saturday’s Republican presidential debate was when party frontrunner and eventual New Hampshire primary winner Donald Trump defended his stance on eminent domain, saying the government’s ability to seize property regardless of owner consent was absolutely necessary for the nation to function.

“Without it, you wouldn't have roads,
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The Fifth Amendment of the United States Constitution says the government has a right to take property from owners if it serves a public use, and that governments must provide “just compensation” to property owners.

The problem - and what Trump did not mention - is while eminent domain is legal, it is an abused practice. Seizure does not solely happen in the name of public facilities like roads, but also anything that could possibly result in an increase of economic activity or tax revenue.

From sports stadiums to upscale condominiums, eminent domain has been cited as motivation for governments to take private property for a private project in the name of economic development. This results in reward for the project’s stakeholders, but rarely any for the community.

Trump knows this all too well. In 1994, Trump convinced Atlantic City officials to assist in removing an elderly woman from her house so the billionaire could building limousine parking for his nearby casino. Thankfully, the Superior Court of New Jersey stopped the act before it could completely unfold.

Even the payment is mismanaged. “Just compensation” does not mean what is determined fair between the developer and property owner’s eyes, but often rather by a government agency, which often results in incompetent and low