Eminent Domain

Paper Summary:

This paper explains the legal standard for eminent domain that requires 'just' compensation to owners and that the property be intended for public use. The paper shows how there is a need to redress property owners with regard to either or both infringements of the constitutional stipulations of eminent domain. The paper also discusses the Homeowners' Freedom organization that is dedicated to the assertion of property rights of owners. Emphasis is placed on how eminent domain rulings were not intended to build malls, condominiums, and saturated housing projects to feed the tax base of any community by making a few people wealthy enough to add to the bottom dollar. The paper strongly believes that eminent domain needs to be continually put in check, and individuals need not feel as if they have no power to fight government decisions or desires.

From the Paper:

"Eminent domain rulings are frequently minimally damaging to property owners, as only small portions of land have been seized for government use, yet there are also many cases a year where a government entity, be it state, local or federal utilizes eminent domain laws to seize or purchase property that includes domestic residences. In such cases the municipality often has the upper hand, with regard to purchase price as they can dictate the purchase price at any level the individual is willing to accept or set the rate of purchase at the tax assessed value of the property, a rate that is usually significantly lower than the fair market value of the property. Additionally, the municipality may argue in favor of a purchase price determined by the value of the land itself, not including the improvements upon it, including homes and other buildings as the value becomes very limited once the announcement of eminent domain seizure has occurred."

Sample of Sources Used:

• Bright, Elise M. Reviving America's Forgotten Neighborhoods: An Investigation of Inner City Revitalization Efforts. New York: Garland, 2000.
• Cohen, Charles E. "Eminent Domain after Kelo V. City of New London: An Argument for Banning Economic Development Takings." Harvard Journal of Law & Public Policy 29.2 (2006): 491.
• Talley, Brett. "Restraining Eminent Domain through Just Compensation: Kelo V. City of New London." Harvard Journal of Law & Public Policy 29.2 (2006): 759.

More papers on Eminent Domain:

• Analytical Essay # 122162 : "Civil Engineers and Eminent Domain"
• Essay # 84567 : "Eminent Domain"
• Term Paper # 119732 : "Eminent Domain and Homeowners"
• Research Paper # 113257 : "Real Estate Eminent Domain"

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