In the 2005 US Supreme Court decided on the case of Kelo vs City of New London. Inherent to the case was a challenge to the concept of “eminent domain” and its relation to the 5th Amendment of the US Constitution. The town of New London, CT, planned to develop an area of 90 acres, divided into 7 parcels, along the Thames River / Fort Trumball area in an effort to revitalize the town’s ailing economy. The project was projected to create in excess of 1,000 jobs, to increase tax and other revenues, and to revitalize an economically distressed city, including its downtown and waterfront areas1. Plans…
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…
According to Cambridge dictionary, property is a building, area of land, object or objects that belong to someone (Property). Martin served many years on the force as a deputy and detective. He was an avid saver as well as a canny investor. Over the years, he has owned a share of mountain, coastal, and personal property in the state of North Carolina. Recently, Martin ran into some trouble to include: Peter’s son, Andrew taking out a personal loan and using his purported interest in the property as collateral; Otis firing a gun shot towards his head and mentioning that he’s lived on the mountain property openly and notoriously for approximately 20 years and that the property was his; his beach house property being taken by eminent domain;…
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…
3. The Eminent Domain is the right of a government or its agent to expropriate private property for public use, with payment of compensation. I think this can be a good thing for the…
people who bought this land helped to pay off the debt. The land ordinance also promoted…
Is the government allowed to take place of private property if it benefits the economic good and overall good of the…
Eminent Domain is the activity of the force of government to obtain private property important for the public utilization on the payment of reasonable compensation and taking after due procedure of law. Procedures to acquire property with regards to eminent domain are alluded to as judgment procedures. The property that administrations might censure incorporates charge title and additionally interests in genuine property, for example, easements, furthermore non-physical interests, for example, air rights.…
In the Unites States the Fifth Amendment of the US Constitution imposes limitations on the exercise of eminent domain. In a landmark eminent domain case that was presented to the US Supreme Court in 2005, the limitations have been greatly expanded giving the federal, state and local government the ability to take private land and then sell it to private developers. Eminent domain has always been a tool at the government’s disposal and was used to establish things like the transcontinental railroad. Eminent domain, as described by the Constitution, states that the government must use the land for public use. The public uses clause has been broadened over the years. The United States is not the only country that allows for eminent domain, although called different things the principals are the same. Countries such as the United Kingdom, Ireland, Australia, Canada, South Africa, etc. all allow for land to be taken for “the greater good”. The laws and protections vary greatly. I plan to look at some of the benefits of Eminent Domain as well as the many downsides of eminent domain. I will explore several sovereign nations and how eminent domain has helped and hindered growth, private property rights, and the true cost of exercising eminent domain. I will also explore the use of eminent domain in developing countries, and contrast that to developing countries who have strict law pertaining to property rights.…
It can use increased taxation to discourage undesirable business practices: This is done through taxing polluters or for those that overuse a limited resource, it can help remove the undesirable effects they cause. All of this while generating more government funding (Hayes, n.d.).…
Usually there will be some conflict where there is opposition to proposals to develop land;…
Eminent domain is used widely used today to try and overtake other people's property. This occurs when the government will try to buy the land from you to be able to build their own buildings. In addition, this also occurs with states and cities trying to make people give up their homes so they can build buildings that are so called, "needed" for the city. Eminent domain has set standards, is fundamentally wrong, and makes people stand up. First, the city has set standards of what is considered blighted and what allows them to be able to take someone's house.…
The benefits to eminent domain are limitless when government plays their cards right. Eminent domain can be used for many things. What is eminent domain?…
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…
Eminent Domain is the government's right under the Fifth Amendment to acquire privately owned property for public use - to build a road, a school or a courthouse. Under eminent domain, the government buys your property, paying you what's determined to be fair market value. In recent years, there has been much debate over the appropriateness of eminent domain, and further its legality in specific instances. The government is allowed to seize personal property for private use if they can prove that doing it will serve what's called "the public good". There have been many cases brought up against the government in attempt to regulate the government's power in seizing private property. There is a political push for reform to the eminent domain laws, including the regulation of compensation, hold outs, relocation assistance, and more generally, minimizing the excessive taking of private land.…