Individual Property Rights vs Eminent Domain
These days there have been many issues surrounding the topic of private property and eminent domain. I feel that eminent domain is a good way to keep the needs of the community and each person’s individual property rights balanced. Even though I believe individual property rights are more important that the needs of the community, I also believe the government sometimes has to take that property away for the better good of the community. At the same time I also understand how people feel when they talk about “NIMBY” (not in my back yard), and also about their personal needs.
Let me take you back into the history of the American land. After the 18th century, Americans turned their backs on the old ideas of the Puritans. The Puritans believed in the population acting within the religious ways of the times. These new settlers had a very different idea in mind. They were going to claim this land anyway they could. This brings us to Cronon’s argument in Bounding The Land. It is referring to the different beliefs on land ownership between the English colonists and the Native Americans. The English believed that the Indians squandered the lands natural resources and that they have no natural right to the land. Indians did not own the land, but only used, and lived off the land’s resources. They only owned what they made and grew, and that was enough for them. But it certainly wasn’t enough for the English. They wanted to control the land using the technique of “ownership or private property”. That was the problem with Indian property rights. They didn’t consist of any ownership or sovereignty. They had largely different perspectives on the ownership by the community and the individual ownership. Because of these large differences the English decided to take full control of the land. When they came to colonize they basically took the land from the Indians. The only land that was rightfully the Indian’s was the land that was given to them by the English. What the English were doing bring us to the concept of eminent domain.
Eminent domain is the moral groundwork by which government acquires private property through compulsory purchase. The idea holds that to advance the greater welfare of the public, government must be able to use land and other private goods to which it would not otherwise have access. It is de...
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...y can be condemned, often by a wide variety of articles, as long as those articles are first given that authority by the legislative body. Second, private property may be taken for public purpose, a concept that has multiple meanings, so long as just compensation is provided to the private property owner. Third, private property owners are offered statutory protection from the random condemnation of property under principles of necessity and greatest public good with the least private injury. Finally, these cases provide a glimpse into the judiciary's interpretation of laws designed to protect the public. The courts have defined concepts governing public use, due process, necessity, and just compensation. They have also demonstrated their respect for legislative authority by recognizing and upholding the understanding that eminent domain is under control of the legislative body. Central to the evolution of the eminent domain statutes was the knowledge that condemning private property for public uses still required compensation, still required a legitimate purpose, and still required adequate protections for private property rights.
Foot Note
1. Encarta Encyclopedia Dictionary
Iceland recognizes the issue of eminent domain, as they have had trouble with this in regards to geothermal deposits. However, they agree with the ECHR regarding rights to fair compensation. Governments should only take property if it will benefit the public as a whole.
The Land Reform Act of 1967 permitted the state of Hawaii to redistribute land by condemning and acquiring private property from landlords (the lessors) in order to sell it to another private owner, in this case, their tenants (the lessees). The Hawaii State Legislature passed the Land Reform Act after discovering that nearly forty-seven percent (47%) of the state was owned by only seventy-two (72) private land owners. That meant that only forty-nine percent of Hawaii was owned by the State and Federal Govermnet.The contested statute gave lessees of single family homes the right to invoke the government's power of eminent domain to purchase the property that they leased, even if the landowner objected. The challengers of the statue (the land owners) claimed that such a condemnation was not a taking for public use because the property, once condemned by the state, was promptly turned over to the lessee (a private ...
Such power could allow cities to favor special interest groups or large corporations. It could be said, the Supreme Court’s decision concludes that there are no restraints a city must consider when taking for economic development and this creates a reasonable potential for abuse. Cities can claim that without eminent domain they cannot accomplish improvements or worthwhile projects within their communities. Many areas in which eminent domain is used are in low income neighborhoods. It is tremendously difficult for individuals in these areas to pay legal fees to fight cities from condemning their properties. Uprooting families, elderly and destroying small businesses is not a means for economic
Simones, A. (1995). Lecture on FCC v. Pacifica Foundation. October 27, 1995. Constitutional Law, Southwest Missouri State University.
...onstitute injustice. Nosick favors a state in which the dominant protection agency as the only form of "government" serves to protect those who chose to freely participate in the service. The individual is free to go about his life so long as he does not violate an individual or worsen the conditions of the land for others. Having the right to ownership does not mean the right to harm, but rather the right to exclude. Just as I would not steal property from another individual (without fear of the protection agency), how is it just for anyone, including the government, to take earnings from individuals in the form of distribution or taxation? If just acquisition arises from the just history (any form you see fit), than wealth and free spending are simply functions within society with discretion falling under the responsibility of the buyer and seller of the goods.
Public law : Cases, materials, and commentary In Forcese C. (Ed.), . Toronto: Toronto : Emond Montgomery Publications, 2006.
In order to get insights into the consumer perception about the role of advertising we have reviewed a number of articles and conducted four in-depth interviews. A number of research papers reach opposed conclusions. These vary from the ones stating that "the ethicality of a firm's behavior is an important consideration during the purchase decision" and that consumers "will reward ethical behavior by a willingness to pay higher prices for that firm's product" (Creyer and Ross Jr.
Eminent domain has long been a controversial power that both the federal and state governments possess. This power gives the right to the government bodies to expropriate private property or land, that it sees as being blighted, and put it to better use for the greater good of the public. For eminent domain to be exercised the seizing of the properties must meet the requirement that they will be for public purpose or public necessity. As long as this requirement is met the federal government cannot be stopped from acquiring private property. Because of this, the eminent domain power has come under tremendous scrutiny for being unfair and unconstitutional. Moreover, people that have fell victim to this law are protesting that they were not adequately compensated for the property that was taken. The law of eminent domain continues to be a point of debate as it has been continuously proven that this law has negative consequences on not only the residents directly affected by the ramifications of the law, but also the communities that are made up of these residences.
In Custer Died For Your Sins: An Indian Manifesto by Vine Deloria, Jr., a Native American author, he discussed the notion of property as a relationship to the idea of ‘whiteness’. Native Americans and everything they owned were regarded as property of the European settlers that discovered America. As Deloria
The Takings Clause states that no private property will “be taken for public use, without just compensation”. The issue of eminent domain is more an issue of whether or not the government can take property, it’s an issue of how and why the government is taking the property. For example, in Clark v. Nash (1905) Utah passed a statute granting the right to condemn land for the purpose of conveying water in ditches across that land for irrigation. The courts upheld this broad definition of “public use” and allowed Utah to condemn property for an irrigation ditch. The issue of just compensation is seen in Home v Department of Agriculture (2015). In this case, the courts upheld the government’s decision to seize 47% of raisin farmer’s crops to stabilize the market, with the condition that the government pay the farmer’s fair value on what they would have earned selling the raisins
The Fifth Amendment states “No person shall…be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.” This reserves specific rights to any United States citizen and guarantees that the government cannot just take your property and get nothing in return. Eminent Domain relies on the inherit right of the government to seize private property and or property owned by private citizens. Does it make it ok to have what is yours and only yours just taken away as long as long as it is for the common good and some money?
The expansion of the United States is such a vital part of American history, yet some often forget how it all happened. Many thriving settlers were given an extraordinary opportunity starting on January 1, 1863 that would end up laying the floor work for many Midwestern and Western citizens today. The rights and responsibilities to live on and maintain 160 acres of land may seem like a lot to take in for a student learning about an Act about land from the 1860s. However, think about all the people the Homestead Act of 1862 affected. There was a lot of pressure on the original homesteaders to make good use of their newfound land, the government was giving out land that wasn’t exactly theirs, and the Native American would have some their rights stolen.
After reading our mentors notes and analyzing what we have learned through this term, I have read all assignments that were submitted before our midterm exam. This gave me chance to follow up with how I advanced my writing skills from the beginning. As it was interesting to see how I can point out the missing qualities of these essays, it was nice to see our mentor’s notes justifying my points.
Eminent domain is the legal right to take away private property for public use by either state, or a private person or corporation. It is legally taken away for the purpose to exercise the functions of public characters. Eminent domain gives power to the federal, state and local governments, school district, hospital district, or any other agency to take away private property for the use of the public needs. Eminent domain also gives the power to the government to take away private property if needed to public needs, even without the owner’s full consent. In case of eminent domain, the owner of the property gets payments from the government through compensation. Most of the times, when the government takes away private property, it is for the needs of roads, public schools, or other useful utilities. Eminent domain in the Unites States is also mentioned in the Fifth Amendment of the constitution. The Fifth Amendment states, “ nor shall private property be taken for public use without just the compensation”. The proceeding to take the private property under the eminent domain policy is called condemnation proceeding. Eminent domain is not limited to freeway widening projects, however, it may include projects like working on a new city hall, shopping center, an office building, a bicycle path or a golf course. Nevertheless, Eminent domain not only applies to private property but also personal property. The government has the right to legally take away even a person’s personal property for the use of public needs. There are also two types of using the eminent domain. One way of using the eminent domain is taking just one part of the property from the owner and paying the owner. Second way of using emine...
Marketing is a system of business activates designed to plan, price, promote and distribute want-satisfying products, services and ideas to customers in order to achieve business objectives. Consumer law protects consumer’s rights in the marketplace as well as fair trading, competition and accurate information. On the other hand, ethical aspects of marketing are about making marketing decisions that are morally right. However, consumer law and ethical aspects of marketing have a lot of advantages and disadvantages in the marketplace, which impacts business 's sales and growth like it happened to: Harvey Norman, Nurofen, apple, etc.