Eminent Domain Essay examples

Submitted By tjkls13
Words: 1010
Pages: 5
Open Document
Eminent Domain:
Tommy

Professor Hidy
Legal Environment of Business
17 April 2012

Eminent domain refers to the government and state having power over all property within a state, usually the power to take property for public uses, such as a park or library. In the United States, under the Fifth Amendment to the Constitution, the owner of any property is entitled to reasonable compensation, this meaning the fair market value of the property. The fair market value is the highest value of the property if there was a willing buyer. Eminent domain has four different types of taking from the government. These four “takings” include, complete taking, partial taking, temporary taking, and easements and rights of way. Complete taking is when the government seizes all the property which is at issue. Partial taking is if the government seizes a strip of land, to make a railroad for instance, that is on an owner’s property, then the government should compensate the owner for the strip of land and whatever remaining property that they own. Temporary taking is when a piece of property is appropriated for a limited amount of time. For example, it could be necessary to temporarily obtain a piece of land in order to do highway construction. And lastly, easements and rights of way can occur, for example, if a utility company needs to install power lines on private property, they can do so and the owner can still be able to use their property as long as it does not interfere with the easements.
There have been multiple cases in which eminent domain has been considered very controversial. These cases dip into public use vs. public purpose and blighted areas. Public use, as mentioned earlier, is the government taking land that would be beneficial for the community, such as building highways or railroads. This is generally accepted by the community as long as the community would benefit from the public use. What tends to be controversial is if the government takes the land for a private use. Private use frequently refers to the promotion of economic development which people would disagree that it is intended for a public use. The other area of controversy in eminent domain arises when a piece of land or property is considered blighted. When property is blighted, it means that it is beyond repair or an area that happens to be deteriorating. The government has the right to seize property if they believe it is blighted, which then in turn can increase arguments. With this being said, the Berman vs. Parker case in 1954 will show how the government was able to abuse this “blighted” notion and therefore being noted as a precedent for future cases. In 1954, the case involving Berman vs. Parker was decided by the United States Supreme Court. In 1945, Congress passed the District of Columbia Redevelopment Act, which created the District of Columbia Redevelopment Land Agency, and their purpose was to discover and redevelop blighted areas of Washington, D.C. In this case, an area in the District of Columbia was said to be injurious of health and that most of the homes were “completely beyond repair and abandoned.”1 Hence, this area was considered blighted and under eminent domain, it could be seized by the government. However, in this area, there was a department store that was owned by a man named Berman and was said to not be blighted. He then sued the city from taking his property via eminent domain. Berman refused to have his property taken because he argued that, “this transfer of their property to a private entity for development violated the Fifth Amendment, as the taking would be for private use.”2 The Supreme Court ruled, "It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully patrolled...If those who govern the District of Columbia decide that the nation’s capital
Show More

Related Documents: Eminent Domain Essay examples

Eminent Domain

man who utilizes someone else property, without authorization, for a sufficiently long time frame, can legitimate gain possession of the property. Nowadays there have been many issues encompassing the theme of private property and eminent domain. I feel that eminent domain is a decent approach to keep the government and every' individual property rights adjusted. Despite the fact that I believe individual property rights are more vital then the government rights, I can understand the need the government…

Words 500 - Pages 2

Eminent Domain Essay

1. Is taking property through eminent domain fair? No, because focusing a person out of his or her property isn’t fair like the quick take power. Especially, when they only give you just compensation and don’t really give you full value on your house. There should be balance between what the government can with a person’s property, for what they believe is for the greater public good. 2. Is current fair market value "just and equitable" eminent domain pricing for property 
owners that…

Words 630 - Pages 3

Eminent Domain Essay

room that's "mine." As my mother always says, "It's for the good of the family." But, no matter how much I feel deprived, I always know that I'll have it back in a few days. However, the results would be different if she applied the principal of "eminent domain." I would lose my room permanently, and it would be turned into a real guest room. I would not be a happy family member. Because of this experience, I can empathize with the home owners affected by the recent 5:4 Supreme Court decision…

Words 648 - Pages 3

Eminent Domain Research Paper

grab, or should I just say grab? Eminent domain is when the government forcefully takes property that may or may not be for sale from the owner. Eminent domain does provide a lot of benefits, but overall it causes more harm than good. The benefits that can come from eminent domains. The government has used eminent domain to help provide resources and protection when they are in desperate need of help (United States Department of Justice). This shows that eminent domain can help with resources like food…

Words 1072 - Pages 5

Eminent Domain Case Study

On the surface, eminent domain is a productive style of acquiring property for public use. However, instituting eminent domain leads society into an economic decline. The action of legally buying over property for public use destroys more economic value than created by robbing minorities and the poor who are politically weak and undermine the economy. Eminent Domain cheats property owners out of land for “public use”. While attempting to promote economic development and transfer communities for the…

Words 636 - Pages 3

Arguments Against Eminent Domain

Eminent Domain is the government right to acquire private property with sufficient monetary purchase. It has been disputed whether eminent domain should be allowed even though it “has long been used in the United States,” (Source A). Private property that is taken is used for the public’s benefit, however it negatively impacts the owner of the property. While eminent domain is intended to be used for the greater good, it is not beneficial to society because it takes away property, causes displacement…

Words 345 - Pages 2

Eminent Domain: Public Use Or Abuse?

Eminent Domain: Public Use or Abuse? The urban economy has become increasingly competitive. As a result, economic development projects have made priority on the agenda in many cities. Because today’s top issue in cities is jobs, politicians are using eminent domain powers to create jobs and businesses. Hulen describes eminent domain as the seizing of private property by the government without the consent of the owner. National and local governments are using the power of eminent domain to create…

Words 1318 - Pages 6

Should Stadiums Be Allowed To Use Eminent Domain?

is affected by eminent domain? Eminent domain is a law that allows the government to acquire private property for public use by giving the owner of the land compensation. Throughout the years, eminent domain has been used to build several stadiums, including those built in Chavez, Ravine and Inglewood. Both of these minorities have suffered harshly from the stadiums being built on their grounds. To prevent future communities from going through this, the laws of the eminent domain should be altered…

Words 890 - Pages 4

Argumentative Essay: The Legalization Of Eminent Domain

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…

Words 469 - Pages 2

Constitution: United States Constitution and Eminent Domain Clause Essay

Fifth Amendment “Just compensation” “Eminent Domain” JOSE CONTRERAS John Jay College of Criminal Justice Author Note Introducing Public Administration PAD 700-01 Prof. Terrence Harris ABSTRACT The Constitution of the United States is the supreme law of the United States of America. The Constitution was adopted on September 17, 1787, by the Constitutional Convention in Philadelphia, Pennsylvania, and ratified by conventions in eleven states. It went into effect on March 4, 1789. When…

Words 4799 - Pages 20