Eminent Domain

Introduction Eminent domain power was first observed and examined in 1876 in the U.S. Supreme Court in the case of Kohl v. United States. It happened in Cincinnati, Ohio where a landowner confronted and opposed to the power of the United States to condemn land, for the use of building a post office and a custom house. Ever since, eminent domain has been strictly categorized for the uses of facilitating transportation, supply water, construct public buildings, and aid in defense readiness, in addition of compensating the owner of such private property. As well as, establishing parks and setting open space for the community, conserving places of historic importance, preserving natural assets, and protecting environmentally sensitive areas. The
The English law does not even use the expression or phrase of eminent domain but as an alternative is called a compulsory acquisition, enforced powers, and/or expropriation. Reimbursement may be said to be a statutory principle, to the point such can exist without a constituent, at least well into the eighteenth century. The first certain evidence of expropriation of land and of eminent domain, is observed in the earliest of the numerous rulings of sewers, legislated in 1427 (Meidinger, 1980). Declaiming that ancient drains, gutters, walls, bridges, and paths for draining plains had come to be into bad conditions, the ruling appointed officials and representatives of sewers to maintain them, with power to consider benefitted property owners. In the era of the colonies in America, in Massachusetts, the first eminent domain was a ruling in 1639 which was accredited to the county courts, to whom appointed local citizens to place and plan a much needed highway, which came upon a complaint for roads. Damaging or destroying houses, gardens and/or plantations was forbidden for such construction. For instance, in other states such as South Carolina, which in particular continued to take land and materials for highways without compensation until well after independence-about 1836. However, by the end of the colonial era, eminent domain started
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