Eminent domain is the power of a state or a national government take private property for public use (Property). Before anything, the city offices should have notified Martin ahead of time that his beach house was in jeopardy of being taken away. This could have been accomplished, by the city making an offer of some sort to purchase Martin’s property before resorting to an eminent domain (Council). According to Cornell University Law School, Kelo v. New London (04-108) 545 U.S. 469 (2005), the city invoked a state statute that specifically authorizes the use of eminent domain to promote economic development (Hashmall). It was appropriate here, since the main purpose was to resolve the challenges of individual owners, not on a piecemeal basis, but rather in light of the entire plan, unquestionably serving a public purpose (Hashmall). However, this is not the case for Martin. The “Future home of the Tar Heel Family Resort” was being built with hopes of attracting new businesses and jobs, not necessarily being used for public or civic services as well as economic development. In other words, this new feature was more of a main attraction to help their business
Eminent domain is the power of a state or a national government take private property for public use (Property). Before anything, the city offices should have notified Martin ahead of time that his beach house was in jeopardy of being taken away. This could have been accomplished, by the city making an offer of some sort to purchase Martin’s property before resorting to an eminent domain (Council). According to Cornell University Law School, Kelo v. New London (04-108) 545 U.S. 469 (2005), the city invoked a state statute that specifically authorizes the use of eminent domain to promote economic development (Hashmall). It was appropriate here, since the main purpose was to resolve the challenges of individual owners, not on a piecemeal basis, but rather in light of the entire plan, unquestionably serving a public purpose (Hashmall). However, this is not the case for Martin. The “Future home of the Tar Heel Family Resort” was being built with hopes of attracting new businesses and jobs, not necessarily being used for public or civic services as well as economic development. In other words, this new feature was more of a main attraction to help their business