Eminent Domain

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Eminent domain. Most of us have heard that phrase at one time or another. It sounds fierce, intimidating, and makes most people think of an unstoppable force. The legal definition of eminent domain is “The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property.” In simple terms, eminent domain is the power of the Federal, state, or local government to forcefully take any personally owned property for government use, as long as “fair value” is paid to the owner. The property rights to air, water, and land are all subject to eminent domain under the Fifth Amendment. “Private …show more content…

One such case was that of Jim and JoAnn Saleet. Residence of a beautiful neighborhood in Lakewood, Ohio. Overlooking the Rocky River valley, the couple lived in this home for 40 years, and had no plans of leaving until the Lakewood Mayor, Madeline Cain, announced a plan to replace the Saleets, and all of their neighbors’ homes with high-end shopping and upscale condos through eminent domain. The Mayor and city council had determined that the Sleets neighborhood was “blighted”. Supposedly a “blight study” had been conducted and the results were that the neighborhood had too high of a rate of police/fire department calls and it was now functionally and economically obsolete. Knowing that this couldn’t be true, the Saleets along with their neighbors, did some digging and found that only one major crime, a robbery, had occurred in the previous two years, and most of the fire department calls had been real medical emergencies. What was astounding was the cities definition of “blighted”. As defined by the Lakewood city council, and neighborhood was considered blighted if it had less than a two car garage, less than two full bathrooms, less than three bedrooms, less than 1400 square feet and less than a 5,00 square feet lot size. The fact that eminent domain has been so loosely defined has helped to lend itself to abuse. Eminent domain has important purpose, and needs to exist for our country to grow and thrive. Schools need to be built, roads need to be laid, hospitals must be raised, but cases like the one just mentioned are not exactly rare. Eminent domain is being manipulated across the country to produce more shopping centers, under the guise that high-end shopping will generate more money towards taxes than the subdivision it will replace, which is not exactly true. The Saleets community used their Fourteenth

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