Eminent Domain: The right of a government to seize private property for public use, in exchange for payment of fair market value.
Eminent Domain has surely rubbed many people the wrong way throughout history and the popular debate continues to resurface...is the power of Eminent Domain being abused? While there are people who do not agree with the whole idea just because they do not want to lose their property, there are many who are more understanding with it, that is as long as the cause is good and morally right. I say morally right because there have been many cases where eminent domain has been used just to increase tax revenue, rather than for good public use reasons. These are the cases that draw our attention to the power abuse behind eminent domain. We must draw clear lines around eminent domain and whether the fifth amendment supports them or not. For example, the Kilo vs. New London case. That case sought answers from the supreme court to the following:
What protection does the Fifth Amendment's public use requirement provide for individuals whose property is being condemned, not to eliminate slums or blight, but for the sole purpose of "economic development" that will perhaps increase tax revenues and improve the local economy?
This question surely stimulates the mind and reminds us to put ourselves in the shoes of those who have lost their homes to eminent domain unfairly. How would you respond if it was you? Speaking for myself, i would be upset and respond very strongly. So my conclusion is that the government must help us find a solution to this problem revolving around eminent domain because after all, it's there job to establish justice ..isn't it?
I agree completely, eminant domain revokes others rights of owning and maintaining their property. You are right governments job is to establish justice but how are they doing so when they are taking others homes away, maybe that they have built from the ground or ones that families have lived in for many, many years?
ReplyDeleteI completely agree, the government has gone too far. The law isn't being used how it was intended.
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