Eminent Domain

Improved Essays
The recent Republican debate introduced a case that exemplifies the controversy associated with eminent domain. In short, the case was a hearing between the Casino Reinvestment Development Authority and the counsel representing Vera Coking. Trump attempted to take over Coking’s property to expand his casino by building a limo waiting area. When appealing to the CRDA, they offered her a mere two hundred fifty thousand for land that a previous developer offered her a million for. Although eminent domain was used as defense for the CRDA, the courts ultimately ruled in Coking’s favor.
Judge Williams ruling does not come as a surprise. The concept of eminent domain is for the government to claim land in order to benefit the general public. Although
…show more content…
Building schools, roads and, to a certain extent, energy resources seem like a valid use for eminent domain. These industries provide direct benefits and services to the general public. Schools ensure free, quality education for every community. Roads allow for local businesses and people to travel and trade locally, within the state and in other states. Power, such as cable lines and even wind turbines, although people get charged, provide a service for the general public. Hence, I would define proper use of eminent domain as taking land to provide beneficial services to an entire population. For example, although power lines can ruin the view from a luxury hotels window, it does not drastically impact the hotels business because it is vital for them to have power. Additionally, eminent domain is a justifiable tool if the party is being offered a fair price for the land. The Coking’s case proved that sometimes this is not the case and therefore eminent domain cases need to be carefully supervised. Therefore, I support the use of eminent domain so long as there is a true public benefit, the party is offering a fair price and the purpose is being carefully supervised by the government or court

Related Documents

  • Improved Essays

    if a determination is constitutionally committed to the legislative branch’s discretion, the judiciary is not free to substitute its judgment for that of the legislative branch. It is clear why the lower court dismissed this case as a political question since it did not want to breach the balance of the institutions. However, the constitution also mentions in vague language, “except in the instances herein expressly permitted”. The Supreme Court of Texas agreed, but in this specific dispute, it pertains to the jurisdictional boundaries of home-rule municipalities like Ingleside and Corpus Christi, not a decision to annex…

    • 441 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    In the case of Franchise Bd. of California v. Hyatt, the defendant stated that he had moved from California to Nevada in the year 1991, but the state of California claims he actually moved in 1992, therefore, owes taxes for the year of 1991. The courts ultimately ruled in favor of Hyatt, in a five to two division, who was awarded over 500 million fees. The decision leaves behind the idea that state courts can hear lawsuits over from other states, but limits awards to penalties a plaintiff could win against his own state officials. In this case, Hyatt accused California tax authorities of crossing into Nevada and rummaging around in his private affairs to try and prove he was still a resident of California. ”But that is not so in respect to…

    • 219 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    South Carolina Coastal Council were the Lucas’ property was essentially a “taking” of his property for a public purpose and therefore according to the Fifth Amendment he should have been compensated by the state for the loss of his personal property. David Lucas never questioned the states exercise of their police powers only his Constitutional right to be compensated for the taking of his property value. The state argued that they didn’t physically take the Lucas’ ocean front property they merely changed the planned purpose of the property, for the environmental greater good of society, resulting in a loss of investment but not a loss of property and they are not legally responsible for the reduction of the properties’ value. The state also stated in their respondent, that the Lucas’s knew there would be restrictions placed on his land that would reduce the property’s value, and that he could not expect that he would be free from government restrictions in the future.…

    • 1084 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The Kelo Case

    • 885 Words
    • 4 Pages

    The Issue: Does the taking of the petitioner’s properties violate the “public use” restriction in the fifth amendment’s taking clause or is the “public use” clause valid for purposes of betterment for the community as a whole. Holding: The court ruled that the petitioner’s…

    • 885 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Another obstacle was the Cherokee that held significant land in Tennessee, Georgia, Mississippi and Alabama. Land hunger, again, drove Georgia to try to evict the tribe. Asking Jackson for help, Jackson had a bill drafted this bill was described by some to be harsh, arrogant and racist but was still passed in 1830. Faced with such realities some Cherokee accepted the offer of $68 Million and 32 million acres west of the Mississippi. In the next two years there were a few court cases that mad it all the way to the Supreme Court.…

    • 786 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    For the past few years, utilization of eminent domain has been greatly debated. Eminent domain is the power of the government to extract one’s own property for communal operations in exchange for a reward. The just compensation clause in the Fifth Amendment of the Constitution grants its use in the United States. Though the legality of eminent domain is honest, citizens are still susceptible to this inequitable act of tyranny.…

    • 747 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Supreme Court cases have played a requisite role in modifying and defining certain amendments in the constitution. The decision of the United States Supreme Court in the case of Walker v. Texas Division, Sons of Confederate Veterans has displayed a monumental impact on American society, both at the time of the decision and in the latter future. Though the first amendment prohibits the restriction of speech and press, in this particular case the government was entitled to restrict those rights. The court argued that Texas specialty license plate designs constitute government speech, and thus Texas was entitled to refuse to issue plates featuring SCV’s proposed design. The court 's decision has stimulated great reaction in our nation causing dispute over whether the government passes off private speech as government speech.…

    • 1046 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Eminent Domain Essay

    • 649 Words
    • 3 Pages

    Most of the outrage and abuses surrounding eminent domain stem from the fact the landowners think that they are not being justly…

    • 649 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Eminent Domain Essay

    • 1982 Words
    • 8 Pages

    Eminent domain, the government taking one’s property for a just compensation, and using the land for a public use, can destroy someone’s life or an entire neighborhood. If the government can take control of anyone’s land, the government can take control of the people. Most Americans would say that their home is a cherished land with many extravagant and astonishing memories of their past. Now ask the same Americans if they would be “ok” with someone swooping in and just taking all of those memories, and that land, from them for what they believe is a fair market price. Over 80% of Americans would say that they are not “ok” with someone taking their land, and using it for a public use.…

    • 1982 Words
    • 8 Pages
    Superior Essays
  • Superior Essays

    Argument Against Welfare Testing

    • 1043 Words
    • 5 Pages
    • 8 Works Cited

    In The University Of Pennsylvania Journal Of Constitutional Law, Celia Goetzl agrees: “Such policies stereotype, stigmatize, and criminalize the poor without cause” (2013, p.1541). Studies support the assertion that applicants for welfare are no more likely to have substance abuse issues than are the general public. Moreover, problems that have arisen with drug testing results due to faulty testing and results. According to Pollack, et al, “Suspicionless, population-based chemical testing of welfare recipients will detect some “true positives” who are drug-dependent, a greater number of “accidental positives” with complex psychological problems, and a larger group of “false positives” who have no apparent psychiatric (including drug-related) disorder” (2002, p. 30). In this study conducted over two a year span, “the categories of “false positives,” and “accidental positives” each outnumbered the “true positives”” (Pollack, Danziger, Jayakody, Seefeldt, 2002).…

    • 1043 Words
    • 5 Pages
    • 8 Works Cited
    Superior Essays
  • Improved Essays

    Chavez Ravine Essay

    • 890 Words
    • 4 Pages

    It should be more of a democracy when taking land away from the community and residents. There should be home already built and ready for them to move into, compromise has to be made from those wanting to take the land. Many values their homes especially if that is all they have. Legislation should be emplaced for the small towns, not just cities. Chavez Ravine “was a pleasant, hidden, semi-rural Mexican American Brigadoon that, nonetheless, offered an ideal target for intensified ‘modernization’”…

    • 890 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The Third Estate Analysis

    • 783 Words
    • 4 Pages

    The Third Estate, the general population of France, is an unrepresented and oppressed class that Emmanuel-Joseph Sieyes tries to rally in his pamphlet, What is the Third Estate? , to stand up rebel against the First and Second Estates. In the opening paragraphs of his pamphlets he describes four classes. The first being one that collects the raw materials, the second sculpts the materials into valuables, the third class packages and distributes the valuables, and the fourth encompasses everyone else who consumes and fills in the blanks. Then Sieyes goes into explaining what the Third Estate is.…

    • 783 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Stolen Valor Case Study

    • 467 Words
    • 2 Pages

    This Texas law was deemed unconstitutional. The ruling said this was not unconstitutional because others might disagree with it or it might be…

    • 467 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    On the Nature of Property – Jean-Sifrein Maury In the Declaration of the Rights of Man and Citizen, it is stated that “property is an inviolable and sacred right…” and the current draft of the Constitution states that “the constitution guarantees the inviolability of property or a just and prior indemnity for that of which a legally established public necessity may demand the sacrifice.” This is a section of the Constitution that should be applauded. For in this statement, there lies a great and admirable protection of citizens – a protection of them from the government. By stating this as law no longer can the government take anyone’s land in the state and if they do, just compensation is required.…

    • 725 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    The land from the Louisiana Purchase was just recently acquired and citizens wanted to extend the nation from sea to shining sea. This is a dangerous thought process. Instead of biting off more than it can chew, America should focus on governing and maintaining the land they just got, instead of trying to get even more. After recovering from the War of 1812, the United States should try to keep peaceful relations with the natives. By taking their land, there will be obvious backlash from the natives, which will cost American deaths and money.…

    • 2378 Words
    • 10 Pages
    Superior Essays