Eminent Domain and the Governments Overstepping of Power
Since the founding of the country, laws have been passed and determined to be constitutional by the Supreme Court that allow for the taking of private property for public good with just compensation. This right of the government is called eminent domain. Eminent domain is necessary to a certain degree and should be used only as a last resort if no other viable options are available, however, it is commonly used and abused as the primary course of action because it can be the cheapest option. One concern when governments seize property by eminent domain is that they disproportionately affect poor people because wealthier people have the means to fight the action in court. Other methods to circumvent using eminent domain include rezoning laws, but these still have the same effects. …show more content…
These beliefs led to the writing of the Declaration of Independence and in turn the Constitution to lay out grievances committed by the king and what the new government was allowed to do respectively. The Fifth Amendment states “… nor shall private property be taken for public use, without just compensation” (U.S. Constitution). Judicial precedent has determined “public use” to be anything that benefits the common good. Additionally, just compensation is considered to mean fair market value. However, the problem arises when the party seizing the property is also the one to determine what a fair price to pay is. Most of the outrage and abuses surrounding eminent domain stem from the fact the landowners think that they are not being justly
Since the founding of the country, laws have been passed and determined to be constitutional by the Supreme Court that allow for the taking of private property for public good with just compensation. This right of the government is called eminent domain. Eminent domain is necessary to a certain degree and should be used only as a last resort if no other viable options are available, however, it is commonly used and abused as the primary course of action because it can be the cheapest option. One concern when governments seize property by eminent domain is that they disproportionately affect poor people because wealthier people have the means to fight the action in court. Other methods to circumvent using eminent domain include rezoning laws, but these still have the same effects. …show more content…
These beliefs led to the writing of the Declaration of Independence and in turn the Constitution to lay out grievances committed by the king and what the new government was allowed to do respectively. The Fifth Amendment states “… nor shall private property be taken for public use, without just compensation” (U.S. Constitution). Judicial precedent has determined “public use” to be anything that benefits the common good. Additionally, just compensation is considered to mean fair market value. However, the problem arises when the party seizing the property is also the one to determine what a fair price to pay is. Most of the outrage and abuses surrounding eminent domain stem from the fact the landowners think that they are not being justly