Preview

Positive And Negative Effects Of Eminent Domain

Good Essays
Open Document
Open Document
307 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Positive And Negative Effects Of Eminent Domain
The government’s use of Eminent Domain has both a positive and negative effect. The government has the ability to Eminent Domain for various reasons but generally it is with regard to public interest. In most cases this procedure is exercised for very good reasons or with the intention of good that would benefit the majority. In cases where there is a vast amount of benefactors it can be appreciated. Things like infrastructure, increase in workforce and other things that will bring revenue in an area are often much needed. The negative side is that ultimately the government does not have to pay in a case of eminent domain. There are some cases where many would argue that the government has been known to abuse the power of Eminent Domain.

You May Also Find These Documents Helpful

  • Good Essays

    In the 2005 US Supreme Court decided on the case of Kelo vs City of New London. Inherent to the case was a challenge to the concept of “eminent domain” and its relation to the 5th Amendment of the US Constitution. The town of New London, CT, planned to develop an area of 90 acres, divided into 7 parcels, along the Thames River / Fort Trumball area in an effort to revitalize the town’s ailing economy. The project was projected to create in excess of 1,000 jobs, to increase tax and other revenues, and to revitalize an economically distressed city, including its downtown and waterfront areas1. Plans…

    • 307 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In this case, the City of Monroe, North Carolina decided in April of 2002, to supply the citizens of Monroe and surrounding area with natural gas through a direct connection between its natural gas distribution system and the Transcontinental Pipeline. The Transcontinental Pipeline transports and distributes natural gas from the Gulf of Mexico up through the northeastern United States. The parties of this case requested the court to focus on the validity of a local government’s exercise use of its power of eminent domain. According to our textbook, Business Law Text and Cases, eminent domain is sometimes referred to as the condemnation power of government to take land for public use. The town of Monroe, North Carolina entered into an agreement with the town of Midland to facilitate the acquisition of land for the construction of the new pipeline by acquiring the rights of way to local land required for the installation of the pipeline. Per the agreement, Midland had the option to tap the pipeline at discounted rate. Midland then exercised its eminent domain authority to condemn the need…

    • 722 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    3. The Eminent Domain is the right of a government or its agent to expropriate private property for public use, with payment of compensation. I think this can be a good thing for the…

    • 200 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    AoC DBQ

    • 1217 Words
    • 1 Page

    people who bought this land helped to pay off the debt. The land ordinance also promoted…

    • 1217 Words
    • 1 Page
    Better Essays
  • Powerful Essays

    Is the government allowed to take place of private property if it benefits the economic good and overall good of the…

    • 2443 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    Not long after the French affirmation, the United States recognized eminent domain in the Fifth Amendment to the Constitution, which states, “… nor should private property be taken for public use, without just remuneration” (Kratovil &…

    • 334 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    In the Unites States the Fifth Amendment of the US Constitution imposes limitations on the exercise of eminent domain. In a landmark eminent domain case that was presented to the US Supreme Court in 2005, the limitations have been greatly expanded giving the federal, state and local government the ability to take private land and then sell it to private developers. Eminent domain has always been a tool at the government’s disposal and was used to establish things like the transcontinental railroad. Eminent domain, as described by the Constitution, states that the government must use the land for public use. The public uses clause has been broadened over the years. The United States is not the only country that allows for eminent domain, although called different things the principals are the same. Countries such as the United Kingdom, Ireland, Australia, Canada, South Africa, etc. all allow for land to be taken for “the greater good”. The laws and protections vary greatly. I plan to look at some of the benefits of Eminent Domain as well as the many downsides of eminent domain. I will explore several sovereign nations and how eminent domain has helped and hindered growth, private property rights, and the true cost of exercising eminent domain. I will also explore the use of eminent domain in developing countries, and contrast that to developing countries who have strict law pertaining to property rights.…

    • 301 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    It can use increased taxation to discourage undesirable business practices: This is done through taxing polluters or for those that overuse a limited resource, it can help remove the undesirable effects they cause. All of this while generating more government funding (Hayes, n.d.).…

    • 1588 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    Eminent domain is used widely used today to try and overtake other people's property. This occurs when the government will try to buy the land from you to be able to build their own buildings. In addition, this also occurs with states and cities trying to make people give up their homes so they can build buildings that are so called, "needed" for the city. Eminent domain has set standards, is fundamentally wrong, and makes people stand up. First, the city has set standards of what is considered blighted and what allows them to be able to take someone's house.…

    • 372 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    First in support of the government power, these were words written by Sheldon Richman of The Future of Freedom Foundation regarding the eminent domain clause: “But like the ‘public use’ criterion, the requirement of just compensation had two worthy intentions. First, it recognized that a property owner was not a servant of the state. If the government wanted his property, it had to pay him. Second, the compensation requirement would restrain the government. Obviously, if private properties were free for the taking, the government would take much more than if it had to pay for it” (Richman). Richman, like others, has noted what is probably the biggest reason people oppose the power: the eminent domain clause was meant to be limited and respect private property rights. On top of that people, in order to survive, must be able to keep what they produce, and to some extent the domain clause sacrifices one individual for the benefit of others. With that type of power the government can easily choose to violate anyone’s rights. Especially since there is always someone who could turn property into something that would produce more tax…

    • 1441 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Eminent Domain

    • 622 Words
    • 3 Pages

    The ancient right, for the government to take property from an individual with out consent for a common good is called Eminent Domain. Some examples of a common good are, to build a dam, an airport, a hospital or a highway. The U.S. constitution understands that right; as long as “just compensation” is paid they are permitted to take the privet property for public use.…

    • 622 Words
    • 3 Pages
    Good Essays
  • Best Essays

    Eminent Domain

    • 1670 Words
    • 7 Pages

    The only role and purpose of the acquired land is for it to be exclusively utilized for public uses, it cannot be utilized for means of producing tax revenues, additional jobs, and/or economic development benefits, giving an increased monetary advantage to the public agency. Kitchens (2014) explained that given the potential to expand and abuse eminent domain, it is of extreme importance to understand the refusing decision of the private owner, in instance waiting for the role of courts, and the outcomes of individuals taken to court. If a private owner had over a thousand dollars in holdouts then such proprietor was more likely to do for every thousand dollars debt. In other words, when someone has a considerable amount of the debt, the owner would preferably go to court and let the judge decide as to how much he/she is entitled to for the value of the owned land, instead of simply accepting the compensation that is being offered. Another fact in holding the selling of the property is related as to how many years the property owner has lived on the requiring land. The use of eminent domain for development and growth is significantly linked to controversies and complicated debates on economic development. One case where the taking of someone’s land turned into an issue of economic development was…

    • 1670 Words
    • 7 Pages
    Best Essays
  • Good Essays

    Eminent Domain

    • 799 Words
    • 4 Pages

    Eminent Domain is the inherent power of the state to take over a citizen's property for public use without the owner's consent. This is commonly done when the acquisition of property is needed for the completion of a project. These projects can be for transportation such as highways or bridges or even for buildings such as schools or government buildings. This excerpt states that ''The Fifth Amendment to the Constitution says 'nor shall private property be taken for public use, without just compensation.' This is a tacit recognition of a preexisting power to take private property for public use, rather than a grant of new power.''160 Eminent domain ''appertains to every independent government. It requires no constitutional recognition; it is an attribute of sovereignty.''(NATIONAL EMINENT DOMAIN POWER) 160 This states that eminent domain is above the Fifth Amendment by the government. Some states first offer compensation for the property before the use of eminent domain but even though compensation is usually a part of this process, the amount paid to these people is far less than what the property is really worth but they must take it since the power of eminent domain will usually force then to give the property up no matter what.…

    • 799 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Eminent Domain

    • 744 Words
    • 3 Pages

    Eminent Domain is the government's right under the Fifth Amendment to acquire privately owned property for public use - to build a road, a school or a courthouse. Under eminent domain, the government buys your property, paying you what's determined to be fair market value. In recent years, there has been much debate over the appropriateness of eminent domain, and further its legality in specific instances. The government is allowed to seize personal property for private use if they can prove that doing it will serve what's called "the public good". There have been many cases brought up against the government in attempt to regulate the government's power in seizing private property. There is a political push for reform to the eminent domain laws, including the regulation of compensation, hold outs, relocation assistance, and more generally, minimizing the excessive taking of private land.…

    • 744 Words
    • 3 Pages
    Better Essays
  • Good Essays

    Usually there will be some conflict where there is opposition to proposals to develop land;…

    • 423 Words
    • 2 Pages
    Good Essays