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Harvey Mudd College Type of paper: Essay This essay has been submitted by a student. This is not an example of the work written by our professional essay writers. Eminent domain definition The capacity of eminent domain is associated with a long-standing history with origin from the middle ages and the development of the British common law.
The bill comprised of the U.
This measure of the constitutionality of the practice of eminent domain remains ultimately questionable and by far highly controversial from morality.
The eminent domain that comprises seizure of the private property, including land and real estate for the public use must be abolished while the powers of eminent domain must be limited to seizures that only focus on benefits towards the government projects and infrastructural amenities.
In this regard, the capacity of eminent domain may still be used to establish public structures such as schools and roads but should never be manipulated for shopping purposes in a mall or apartments.
The arguments based on this position are strongly worded with greater assertions of human rights convictions. For anyone that values property rights, private properties are absolute and must not be contingent to the public interests in case individuals perceive the benefits of retaining the property to outweigh the sellers of the same.
They can either forfeit to sell the property or request more compensation in the long-run Menzel, The power of the government to take private property for public use In many instances, governments do not provide market values as compensation for seizures attributable to the eminent domain, but in any case, they offer, there are other fundamental values that owners associated with their property being seized that are hardly quantifiable and that which owners alone can quantify correctly.
A number of these have developed their desired homes from areas that were initially occurred at the point of their purchases. In essence, a coercive requirement that the parties accept market values of their houses was not sufficient in the compensation of such deeply integrated personal investments.
The public policy of eminent domain has also recently been manipulated alongside the blatantly power-hungry scenarios with critical justifications to suit the selfish interest parties. Based on the theoretical economic perspective by Adams Smith however, indicates that free markets are responsible for achieving any objectives more effectively and efficiently about governments.
Subsequently, a business thriving due to favors extended by the parties towards it via eminent domain does not succeed due to the functions that are better than their competitors within the market competition cycle. In this regard, such businesses may not be favored through the conventional forces of supply and demand hence, unable to get land that it strives to under the prospects of open and voluntary marketing exchanges.
In this regard, the property owners strive to achieve what they do not gain through the appropriation of the ownership from the individuals that have earned them. The perspective of eminent domain that was supported by the Supreme Course case involving Kelo and the New London can, therefore, be regarded as a pure legalized theft Sackman et al.
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. Eminent domain in definition is “the right or power of public purposes without the owner’s consent on payment of just compensation” (“Eminent Domain History”). Eminent domain has been a part of the United States ever since the constitution was created. Kelo Eminent Domain: Was the Kelo Decision Fair? In the Supreme Court ruled in Berman v. Parker that government's power of eminent domain could be used to .
An Interpretation of the Supreme Court The Supreme Court has three main interpretations of the concept of eminent domain. The Supreme Court is associated with three major difficulties filed in the interpretation of the Takings Clause as may be perceived in the description of the Taking Claus.
In this regard, the Supreme Court has been associated with a significant problem with the three constituents of the clause. In these circumstances, the jurisprudence of Supreme Court has also succeeded in the enlargement of government powers about the expenses of the private owners.
In for example, the Supreme Court was, however, insisting on the compensation that must be provided in instances when the government regulations exceed the diminishing values of the private properties.
The challenge in this scenario is the establishment of stable and sensible balances between the rights of individuals while enjoying and using the property for the interest of the government while safeguarding and enhancing the safety, health and general welfare of the community.
In this regard, the Supreme Court holds that the regulations associated with land use and validated exercises of the police powers of the government must be executed. For instance, the government may always impose taxations and other fundamental burdens without due compensations including zoning decisions that create precipitous loss of value by properties that result into high noises in the highways in adjacent or stopping property owners from undertaking noxious uses Sackman et al.
Against this background, the Supreme Court considered the case of David Lucas and their property based in South Carolina. In this scenario, Mr. Lucas had bought two beachfront residential areas at exorbitant prices with the intention of building Single-family residential houses.
Cases of eminent domain After two years, however, the legislature of South Carolina passed legislation that barred Lucas from establishing any permanent structures for habitation of the land thus rendering the property valueless.
Another critical incidence involved Dolan and the City of Tigard. In the latter scenario, the Supreme Court also held that taking in which the municipal development plans conditioned a building structure and the expansion permits on business owners while dedicating a section of their property for the storm drainage and pedestrians was legally binding Sackman et al.
While reaching out to this decision, the Supreme Court established a new two-part test. To avoid it being referred as a taking, a permit was conditionally imposed by the government.
Besides, it must be proportional to the projected effect of proposed development. This rule, however, prescribes to a notion of rough proportionality that has led to a chain of cases in the lower courts.
In one of the cases, the Court of Appeal of Maryland provided that the conditional approval of the city from a subdivision of the sacrificing of the whole residential lot was posted as a recreational space and not considered a taking which was an argument inconsistent with the Dolan and Lucas case.
In this regard, the new test has resulted into inconsistent and irreconcilable holdings Sackman et al.
Besides, there remains no ultimate consensus on the constituent of taking. This scenario leads to a different interpretation of the legal perspective of the taking and the eminent domain in its application to the seizure of private properties. Need a paper on the same topic? We will write it for you from scratch!
Request the removal of this essay People also read.The eminent domain that comprises seizure of the private property, including land and real estate for the public use must be abolished while the powers of eminent domain must be limited to seizures that only focus on benefits towards the government projects and infrastructural amenities.
Eminent domain abuse remains a wildly unpopular policy choice for local governments and developers in the wake of Kelo. Moreover, since the decision, the state supreme courts of Ohio and Oklahoma have rejected Kelo under their respective state constitutions. Eminent domain refers to the government taking private property without the owner's permission for specified, legitimate purposes and just compensation.
Th READ MORE HERE. The legal positivists maintain that eminent domain is “a peculiarly American branch of law” because of the takings clause of the Fifth Amendment, but the roots of this law go back, as does much of American law, to England (Stoebuck 4, ).
Eminent domain in definition is “the right or power of public purposes without the owner’s consent on payment of just compensation” (“Eminent Domain History”).
Eminent domain has been a part of the United States ever since the constitution was created. Excerpt from Term Paper: Kelo v. New London and Eminent Domain When the United States Supreme Court heard oral arguments in the case of Kelo v.