Research Paper Outline & Thesis: Eminent Domain
Research Paper Outline & Thesis: Eminent Domain
Some people simply are not prepared for the new neighbors moving into America: the abuses of eminent domain. Although it has been around a great deal of time, eminent domain is unjustly taking land from the American people at an alarming rate. Eminent domain really is defined as being the government power exercised to purchase land or property from the people in order to develop the land or property for economic or community expansion. This topic is of importance to me and the general audience as it directly confronts rights of the citizenry, which I believe we all are concerned about. Really, powers are given and they can be taken away; eminent domain is up for grabs and only one thing must be understood: that the U.S. Government should no longer be allowed to use the power of eminent domain.
First in support of the government power, these were words written by Sheldon Richman of The Future of Freedom Foundation regarding the eminent domain clause: “But like the ‘public use’ criterion, the requirement of just compensation had two worthy intentions. First, it recognized that a property owner was not a servant of the state. If the government wanted his property, it had to pay him. Second, the compensation requirement would restrain the government. Obviously, if private properties were free for the taking, the government would take much more than if it had to pay for it” (Richman). Richman, like others, has noted what is probably the biggest reason people oppose the power: the eminent domain clause was meant to be limited and respect private property rights. On top of that people, in order to survive, must be able to keep what they produce, and to some extent the domain clause sacrifices one individual for the benefit of others. With that type of power the government can easily choose to violate anyone’s rights. Especially since there is always someone who could turn property into something that would produce more tax
Some people simply are not prepared for the new neighbors moving into America: the abuses of eminent domain. Although it has been around a great deal of time, eminent domain is unjustly taking land from the American people at an alarming rate. Eminent domain really is defined as being the government power exercised to purchase land or property from the people in order to develop the land or property for economic or community expansion. This topic is of importance to me and the general audience as it directly confronts rights of the citizenry, which I believe we all are concerned about. Really, powers are given and they can be taken away; eminent domain is up for grabs and only one thing must be understood: that the U.S. Government should no longer be allowed to use the power of eminent domain.
First in support of the government power, these were words written by Sheldon Richman of The Future of Freedom Foundation regarding the eminent domain clause: “But like the ‘public use’ criterion, the requirement of just compensation had two worthy intentions. First, it recognized that a property owner was not a servant of the state. If the government wanted his property, it had to pay him. Second, the compensation requirement would restrain the government. Obviously, if private properties were free for the taking, the government would take much more than if it had to pay for it” (Richman). Richman, like others, has noted what is probably the biggest reason people oppose the power: the eminent domain clause was meant to be limited and respect private property rights. On top of that people, in order to survive, must be able to keep what they produce, and to some extent the domain clause sacrifices one individual for the benefit of others. With that type of power the government can easily choose to violate anyone’s rights. Especially since there is always someone who could turn property into something that would produce more tax
Cited: Elazar, Micah. " 'Public Use ' and The Justification of Takings." University of Pennsylvania Journal of Constitutional Law (September 2004). Gallagher, Elizabeth F. "Breaking New Ground: Using Eminent Domain for Economic Development." Fordham Law Review (March 2005). Richman, Sheldon. Freedom Daily, The Future of Freedom Foundation . July 1995. 12 September 2009 . Staley, Samuel R. Reason Public Policy Institute. 1 April 2005. 12 September 2009 .