Eminent domain is an idea that dates all the way back to the 1100s in Europe.(Reynolds) It is the power of the government entities to take private or public property for public use. (Ashley) The meaning of public use has been attempted by the courts but has never been determined by law. Court decisions for specific purposes may or may not be used for other circumstances. Legislation at the Federal level does not cover eminent domain as related to all property matters. Some states have passed laws regarding eminent domain, but the definition is still abstract. (Campbell) The government should have further limitations on eminent domain. There should be specific guidelines for what is considered public use and what just compensation for the taking of private property for public use consists of for the property owner. Questions arise when private companies have government entities take private property for “public use”. These have included railroads, gas and oil pipelines and roadways throughout the last 200 hundred years.
After the Revolutionary War, …show more content…
(Reynolds) Thirty-nine states now have some kind of laws relating to eminent domain, though the U.S. government does not. (Ashley) In 1791, the Fifth Amendment also stated that property appropriated for public use needs just compensation. (Reynolds) The Fourteenth Amendment speaks of a person’s right to life, liberty, and property without deprivation or due process thereof. The ideas of “without just compensation” and “without due process of law” seem to be ideas of eminent domain from the beginning. (Campbell) Eminent Domain has been a significant issue in the United State since 1879 when the Supreme Court first acknowledged that the power of eminent domain may be delegated by state legislatures to agencies and non-governmental entities in the case of Boom Company v. Patterson. Thus, the era of legal takings
After the Revolutionary War, …show more content…
(Reynolds) Thirty-nine states now have some kind of laws relating to eminent domain, though the U.S. government does not. (Ashley) In 1791, the Fifth Amendment also stated that property appropriated for public use needs just compensation. (Reynolds) The Fourteenth Amendment speaks of a person’s right to life, liberty, and property without deprivation or due process thereof. The ideas of “without just compensation” and “without due process of law” seem to be ideas of eminent domain from the beginning. (Campbell) Eminent Domain has been a significant issue in the United State since 1879 when the Supreme Court first acknowledged that the power of eminent domain may be delegated by state legislatures to agencies and non-governmental entities in the case of Boom Company v. Patterson. Thus, the era of legal takings