Public domain

Eminent domain is a public policy issue that has been around for centuries. As long as government can exercise its power, eminent domain has been a debated topic. In most cases, eminent domain is used to provide essential public goods while in other cases it has been used against private entities. Normally, when a unit of government wants to acquire private property the government attempts to negotiate the purchase of the property for fair value. If the landowner does not want to sell, the…

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.…

Eminent Domain is a legal act in which the government can purchase private property without the consent of the land owner if the government declares it is to meet a public need. Usually the government used this power to build road, urban renewal or public works projects. The government’s ability to use eminent domain comes from exercising their police power from the Fifth Amendment. The U.S. Constitution requires the government to provide compensation to the owner when their private property is…

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. No…

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…

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…

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." (US Const. Amend. V, sec. 3) The fifth amendment fails to protect the individual from the unjust seizure of land from the government, for there is no clause that allows for protecting one’s land if not…

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 which everyone would benefit from. Interestingly enough…

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…

Castletown of Kagoshima, an isolated area within the Satsuma domain under the control of the Shimazu clan which had established themselves as the oldest living clan in Japan at the time of his birth. The Shimazu clan were of notable prestige in that they were the only clan that received foreign ambassadors in a time when, under the orders of the Tokugawa Shogunate (the shogunate was a council of military commanders led primarily by a single domain), Japan strictly prohibited international…