Pros And Cons Of Eminent Domain

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. First, the government will select the property they want to utilize. Next, a meeting is assembled between a member of the government and the owner of the property to discuss an suitable sum of compensation. The sum is most likely decided through a mix of property values, use of property, and statuary factors. Just compensation varies by state. In some states, it is just the value of the land and buildings on the property. Some states will …show more content…
A lot of families’ sentimental memories have been taken from them and destroyed just because the government wants to build a communal institution that is not even necessary a lot of the time. Even though a good majority of private property owners take their case to court, they do not win their case most of time. Most courts uphold the takings. In Berman v. Parker, the Supreme Court redefined the “Takings Clause”. Previously, the Takings Clause asserted that any property could be confiscated for public use. However, in the Berman case, this was redefined. The court ruled that any property could be taken for not only for “public use”, but also for “public purpose”. The court did not only redefine the Takings Clause, but they also ruled that the US government was allowed to transfer properties between two private properties as long as the other private party is involved in a redevelopment plan that has a communal purpose. With past and future lawsuits, the government’s security in eminent domain may not be as