Real Estate Eminent Domain

Paper Summary:

The paper focuses on a legal case from which an eminent domain event occurred in Los Angeles, California. The paper points out the inherent ethical dilemmas which arise in eminent domain cases and therefore concludes that eminent domain, while necessary, is also fraught with ethical problems. The paper offers the recommendation that all U.S. states conduct further research in this area.

Outline:
Objective of the Study
Background of the Study
The Issue
Los Angeles: Cases of Eminent Domain
Summary of Review
Ethical Dilemmas
Conclusion

From the Paper:

"Eminent Domain is defined as the power held by a government, either federal, state, country or city and to include school and hospital district and other agency to secure private land for public use and this may be with or even without the permission or approval of the owner of the property. It is provided in the Fifth Amendment to the Constitution that 'private property [may not] be taken for public use without just compensation.' Added by the Fourteenth Amendment is the requirement of 'just compensation' when property is taken and involves a condemnation which includes a public need declaration, next followed by an appraisal, offer and negotiation. In the event the individual whose property is taken is not satisfied they may sue the government agency and have a court determine what is 'just' compensation."

Sample of Sources Used:

• Boulard, Garry (2006) Eminent Domain - for the Greater Good. June 2006. State Legislatures.
• Eminent Domain: Information about Its Uses and Effect on Property Owners and Communities Is Limited (2006) United States Government Accountability Office - Report to Congressional Committees. 2006. Nov.
• HFH, LTD. Petitioner, v. The Superior Court of Los Angeles County. Respondent; CITY OF CERRITOS et al., Real Parties in Interest. Von's Grocery City of Cerritos, Petitioner, v. The Superior Court of Los Angeles County, Respondent; City of Cerritos, et al., Real Parties in Interest L.A. Nos. 30382, 30383 Supreme Court of California 15 Cal. 3d 508; 542 P.2d 237; 125 Cal. Rptr. 365; 1975 Cal. LEXIS 248; 6 ELR 20062 (1975) Online available at: http://209.85.165.104/search?q=cache:jwI03q6Ns-YJ:www.eminentdomain-law.com/pracAreas/appLaw/decisions/AmiciCuriae/HFHLtdvSuperiorCourt.pdf+Los+Angeles+eminent+domain+ethical+issues&hl=en&ct=clnk&cd=33&gl=us
• Mark, Jason (2006) The Central Question. 9 Jun 2006. Grist Environmental News & Commentary.
• Peninemann, Milo (2000) Staples Land to Cost Developer Millions More. Los Angeles Business Journal 9 Oct 2000.

More papers on Real Estate Eminent Domain:

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

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