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 the wake of these actions, the city authorized the purchase of property within the development area and to utilize the acquisition of land through eminent domain if need be. Supported by the 14th amendment, the 5th Amendment allows local government the powers to utilize eminent domain to take private property for public use while appropriately compensating the former owners (Supreme Court 2004). During these acquisitions nine party members did not wish to sell their properties and challenged the taking of their land; stating that the transfer of land from one private owner to another to further economic development was a violation of the 5th amendment.…
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…
The case was the taking clause in the fifth amendment which enshrines your right to private property without undue government interference traditionally takings on the public use is included highways , schools and other owned government private projects but in 2005 supreme court turned that notion in to its ear .…
There should never have been a problem with the Dakota Access Pipeline, and it should be built. The pipeline has many benefits, and few, if any, actual problems. Nodaplsolidarity.org, a site dedicated to opposing and protesting the pipeline, avoids the issue of what the problems with it actually are, saying that the pipeline is a violation of the United Nation’s Declaration of Universal Human Rights, and a violation of the United Nation’s Declaration on the Rights of Indigenous Peoples, without actually naming what it is about the pipeline that violates these declarations. Since there appear to be no actual issues violated (and they are declarations of the United Nations, not the United States) these problems can be dismissed, leaving us with…
Debates about the Citizens United case have been ripe throughout the entire country. In the case, the majority of the Supreme Court ruled that company broadcasts could not be limited. In addition, they ruled that there was no cap on company funding on candidates, but that there had to be a middleman of a superpac. Setting dangerous future implications, this decisions greatly undermines the future democracy of the country through condoning skewed political power based on wealth and by giving first amendment right to a company (Citizens 1).…
The decision in which Texas should become annexed was an ongoing battle in which many people have many different beliefs. Henry Clay a famous speaker of the house believed that we should not annex Texas. One of the reasons was that he believed it would start a war with Mexico. He also believed that it would not help the Union at all. Another man John L. O'Sullivan believed that we should annex Texas. One of his main reasons is that it would add more land, power, and another state to the Union.…
Usually there will be some conflict where there is opposition to proposals to develop land;…
Throughout the existence of the United States Constitution the have been many additions of new amendments to it. While most of them have succeeded the process and entered the Constitution, there are a few that failed to do so. Thomas Corwin, an Ohio Representative, proposed the Slavery Amendment, otherwise known as the Corwin Amendment. This amendment failed however, as only two states had ratified it.º…
On March 2, 1836, Texas had become an independent nation from Mexico. It had named itself the Republic of Texas and proudly stood between a growing United States, and a conflicted Mexico. Immediately facing problems, Texas had many economic failures, had trouble with nearby Indians, and could not form a stable military. It is for these reasons that Sam Houston, a major political figure and President of the Republic of Texas, decided that Texas could not sustain itself as an independent nation. Sam Houston suggested to the United States to annex Texas. This caused a bit of disruption in the United States, as people who opposed Texas annexation and people who wanted Texas annexation clashed. Many people thought…
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 authority of the Constitution, its ability to control our lives and enforce our laws, loses its legitimacy if we do not have principles that anchor it securely to reality. The Constitution was seen as a document that strikes a delicate balance between government power to accomplish the great ends of civil society and individual liberty. James Madison created the Federalist Papers, if men were angels, no government would be necessary. This was the beginning of the first amendments to the Constitution called the Bill of Rights. Madison opposed the inclusion of a Bill of Rights in the Constitution. Thomas Jefferson became convinced that judges enforced rights are among the necessary against tyranny.…
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…
The framework for intellectual property keeps in mind the pros and cons of allowing (or not) ownership of intellectual property. One of the opinions in favor of ownership is that an individual might not have enough money to invest in the resources to develop software if he is not able to earn profits from it. people who speak against this argue that there would be incentives to develop software , the recognition they gain for the work. The socialists argue that ownership conceals development because ideas are protected and users are prevented from improving these. Ignoring the law or ignoring rights of software developers does more harm than…
The land acquisition act of 1894 was created with the expressed purpose of facilitating the government’s acquisition of privately held land for public purposes. The word "public purpose", as defined in the act, refers to the acquisition of land for putting up educational institutions or schemes such as housing, health or slum clearance, apart from the projects for rural planning or formation of sites. The word "government" refers to the central government if the purpose for acquisition is for the union and for all other purposes it refers to the state government. It is not necessary that all the acquisition has to be initiated by the government alone. Local authorities, societies registered under the societies registration act, 1860 and co-operative societies established under the co-operative societies act can also acquire the land for developmental activities through the government.…