What Is Eminent Domain? Essay

1635 Words Jun 24th, 2016 7 Pages
What is eminent domain?
“Eminent domain is the power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property. Federal, state, and local governments may take private property through their power of eminent domain or may regulate it by exercising their Police Power. The Fifth Amendment to the U.S. Constitution requires the government to provide just compensation to the owner of the private property to be taken. A variety of property rights are subject to eminent domain, such as air, water, and land rights. The government takes private property through condemnation proceedings. Throughout these proceedings, the property owner has the right of due process. The power of eminent domain was created to authorize the government to conduct a sale of property for the common welfare, such as public health or safety. To exercise the power of eminent domain, the government must prove that the four elements set forth in the Fifth Amendment are present: (1) private property (2) must be taken (3) for public use (4) and with just compensation.” (n.p., n.d. Thefreedictionary.com, 2003. Web. 23 Jun. 2016.)

What is the Brown Act?
The Ralph M. Brown Act is a state law requiring open meetings from government agencies.The Brown Act governs meeting access for local public bodies, making sure that meetings are "open and public,"…

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