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…
He then noticed that on his front door a letter was posted communicating that the city authorities will be taking his property by eminent domain to create new businesses and jobs in the community. Not unlike the mountain property Martin is now facing another dilemma in which he is uninformed and reacting to an active developing issue. Therefore, I proceeded to explain that eminent domain or taking clause is a constitutional right granted by the Fifth Amendment that “nor shall private property be taken for public use, without just compensation” (Miceli,2015). Similarly, to Martin’s situation, I shared the Kelo v. New London case which was one of the most controversial cases concerning eminent domain, that precipitated protest across the U.S. Likewise, the facts from the Kelo’s case corresponds with Martin’s issue with the government seizing private property to sell to private developers, hence is where Kelo felt that New London was overstepping and violating the Fifth Amendment by selling the private property to a private developer instead of using it for public use (Kubasek et al.,2016). However, the decision ruled in favor of New London for the reason that, the city seizes the property to…
While the landowner has the right to make sure that his land is safe from natural and manmade hazards on his land. History has found that as safe as…
The land France sold the United States consisted of an unincorporated wilderness containing tens of thousands of Indian, white, and black inhabitants. “Jefferson perceived that that the vast domain now within his reach could form a sprawling ‘empire of liberty’…
In 1803, the United States had paid France $15 million to abandon its claim to 828,00 square miles of land in the brand-new America. It was called the Louisiana purchase, but we didn’t actually buy the land. America and France both claimed the land, and we paid France $15 million to abandon its claim, leaving us as sole owners of the land.…
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.…
“Observe good faith and justice towards all nations, [for] Cultivative peace and harmony with all”- George Washington. This quote exemplifies George Washington’s notion on the disengagement of the United States in foreign affairs which was an highly persuasive ideology for presidents after him and the treaties they made with other nations to negotiate specific issues. For instance, the Louisiana Purchase was notably: “One of the greatest purchases of land acquisition in the United States”. After the Louisiana territory was seized by Napoleon Bonaparte and his military, the American colonists wanted to acquire the port of New Orleans as they sought lucrative economic success from trades, and therefore sent two representatives, James Monroe and Robert Livingston to negotiate the deal in French Parliament. The French were financing the Napoleonic wars and were highly in debt and were craving to refinance their economy. France could not "defend" the vast area of Louisiana and knew it was wise to make the offer to the…
The first unratified amendment was the Congressional Apportionment Amendment purposed on September 25, 1789. It was the first one of the twelve amendments produced by the first congress not to be ratified. This amendment was to set a minimum representation for the common people in the new government defined by United States Constitution. The amendment was given no expiration except when the population of the country reached 10 million.…
Throughout history, the United States had come off as a nation that would take what they wanted at any cost. This was prevalent in both cases of expansion as the Americans risked war and national safety for the sake of gaining land. During the early years of expansion, the Americans had pushed aside the Native Americans and whoever else inhabited the land they wanted. They believed that the land was rightfully theirs and that every one else was merely squatting on their territory. This idea was continued into the early twentieth century as the Americans looked to the oceans for new territories to their kingdom.…
America became an imperialist nation, despite the fact that while many were open to it, many were not. Jane Addams was very adverse to the idea of imperialism, and she thought it was wrong. I don’t believe America should enforce imperialism.…
Executive orders have a long history of being for the people of America. In early United States, “executive orders were used for such purposes as the withdrawal of public land for…
U.S. rights to occupancy in North America. In J. P. Sterba (Ed.), Social and political…
Google defines imperialism as “a policy of extending a country’s power and influence through diplomacy or military force”. Judging by this definition, US imperialism definitely exists. There are many examples of both imperialism through diplomacy, and imperialism through military force, in history. Whether or not intentional, it still happened.…
There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the…
Economic growth and power is the number one value in American culture and as such, places the natural resources of the land under the hand of manipulation in order to assist and make possible this growth. We built dams and reservoirs to…