Eminent domain

Specific Purpose: To inform my speech class about the different sides of allowing the Bakken pipeline through Iowa. Thesis: Legislators are going to have to put their heads together and weigh the pros and cons of pipeline to make the right decision. Introduction: Imagine a pipe 30 inches in diameter and 346 miles long stretching through Iowa with oil pumping through it. Dakota Access, LLC., an energy company, is proposing exactly that to the Iowa legislator. The pipeline would be transporting…

on, eminent domain. Eminent domain is described by Webster as, “ the right of a government or its agent to expropriate private property for public use, with payment of compensation.” Eminent domain is not just a recent problem it has been a problem since the birth of our country. The Fifth Amendment to our constitution mentions eminent domain in annotation 14 as: “'nor shall private property be taken for public use, without just compensation.” This just goes to show how serious eminent domain…

The Kelo majority allowed the takings when it held that economic development qualifies as a public use under the federal Constitution. The majority also expressed its deference to legislature on the question of what constitutes a public use. By comparing precedent, Justice Stevens of the majority found that New London's plan served the “valid public purpose of economic development, including new jobs and increased tax revenues." (Kelo v. City of New London, Majority Opinion, 13). Justice Stevens…

In the Kelo v. New London court case, Suzette Kelo and eight petitioners opposed a eminent domain taking “projected to create in excess of 1,000 jobs, to increase tax and other revenues, and to revitalize an economically distressed city” (“Kelo” 472). Suzette Kelo claimed the “extensive improvements” that she had made on her house justified her ability to block this development plan (476). Others claimed that their “investment properties,” because they were not “blighted or otherwise in poor…

power of eminent domain and visa versa for mutual benefits. Seizure, without prior offer to you, the owner, exhibits zero attention to the owner’s interest. I agree the fact that it is (was) your (future) home means it ought to hold all definitions of home. No deed stipulates how many times one has to be at their home. We ought to have statues that secure us from losing our home(s) and there are no limits to the number of homes an individual may own. Case: City’s grounds for eminent domain.…

According to Pearce (2007), following the case of Kelo v. New London (2005), North Carolina lawmakers added a provision in the state’s eminent domain laws intended to limit the extent to which the state or city can seize private property. Under this provision, eminent domain can only be used to take individual parcels of land that are deemed to be blighted or dilapidated. The provision also includes a specific definition of what meets these criteria (p…

When the Fifth Amendment was passed in the United States, part of its function was to give the government the power of eminent domain. The power of allows them to take an individual’s private property in return for “just compensation” for “public use” with the intent to better off a community. This could mean that a plot of land could be seized by the government with plans to become a road or a canal. In those cases, the government would be turning a private plot of land into a “public use” in…

Land has been an integral part of culture since the beginning of time. From the Homestead Act to the modern real estate development age, we care about where we live. We showed through the American Revolution that we are willing to fight for the land we love. However, under the Takings Clause of the 5th Amendment we are prevented from this specific action, fighting for something we love. The Takings Clause states, “nor shall private property be taken for public use, without just compensation."…

Imagine you work hard your entire life to purchase your dream beach property with plans to build your beach home off of coastal South Carolina, only the properties you purchased to make your dreams come true, turn into a nightmare. What caused your dreams to change from delightful imaginings to legal nightmares? What where the politics in the conflicting sides of this legal nightmare, and the social interests? Finally, after a long fought legal battle does the meaning of “taking” significantly…

Land for Sale Nebraska – Oil Field Areas The oil and gas boom that the nation has experienced in recent years has got potential land buyers focusing on the profit possibly lying just under parcels of land in Nebraska. Although the state has ranch land and hunting property, prospective buyers may not be as interested now in those uses of the land. Counties with land for sale in the western border and a few in the southwest, in particular, are located in a good-sized portion of the Niobrara Shale…