A discussion of civil engineers in eminent domain advocacy.
Analytical Essay # 122162 |
1,000 words (
approx. 4 pages ) |
4 sources |
MLA | 2008
|
$ 21.95
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Abstract
This paper looks at the role of civil engineers as advocates for public entities to use eminent domain for economic development. Additionally, it looks at the requirements for eminent domain, the role of civil engineers, and the role of advocates.
From the Paper
"Eminent domain is the right of the government to buy property from private owners at a price they determine to be fair market value and turn it over to local governments for the building of public conveniences such as roads, schools etc. and to seize property which is run-down and demolish and replace it with higher quality buildings to improve the deteriorated areas of towns and cities. Recently this has been extended to allow them to seize property that is not run down and hand it over..."
Tags:civil engineers, eminent domain, advocacy
This paper discusses the issue of eminent domain and offers an opinion as to whether it is a fair policy or not.
Essay # 84567 |
900 words (
approx. 3.6 pages ) |
2 sources |
2005
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$ 19.95
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Abstract
The paper examines the case of Kelo v. City of New London and reviews the competing interests, rights and responsibilities at issue in the case. Additionally, this paper examines the issues relating to property owners (who frequently fight a condemnation plan) in order to determine where should society place a premium and who is the primary beneficiary of this public policy. Finally, this paper also makes a conclusion about who benefits from eminent domain and asserts whether or not it is an appropriate policy.
From the Paper
"The legal definition of eminent domain is the power of the federal or state government to take private property for a public purpose -- even if the property owner voices an objection. It is the Fifth Amendment to the United States Constitution that allows the government to take private property if the taking is for a public use and the owner is justly compensated (which typically means the owner is paid fair market value) for the loss. The definition of "public use" is broad and can mean virtually anything that is sanctioned by a federal or state legislative body. This means that eminent domain can be exercised in the creation of roads, parks, reservoirs, schools, reservoirs, hospitals or other public buildings. Eminent domain can also be utilized to take land away from citizen to benefit mainly private parties."
Tags:eminent, domain, policy
This paper takes a look at current issues involved with eminent domain.
Term Paper # 119732 |
2,649 words (
approx. 10.6 pages ) |
9 sources |
APA | 2010
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$ 47.95
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This paper focuses on the future of eminent domain and what this means to private homeowners and less so to corporations. Eminent domain is defined as a method of obtaining private land for public purposes. The paper describes the original intent of this practice, yet addresses the pitfalls in today's system. In particular, the author considers the issues of eminent domain from the homeowner's perspective. The Kelo case is cited as a notable example of litigation regarding eminent domain. The author concludes that debate between eminent domain and homeowners has proven to be a difficult one in which both sides need to be willing to compromise.
From the Paper
"Thus, the debate between eminent domain and homeowners has proven to be a difficult one and one in which both sides need to be willing to compromise. Or, for homeowners, the opinion seems to be that they should not have to be forced into condemnation or selling their property for private use reasons. Forbes (2006) gives a certain outlook for the future of homeowners in regards to eminent domain. The federal court is setting mandates on state legislatures to ban any misuse of power for the development of big businesses over homeowners rights, as Forbes states, Several states, including Texas and Alabama, have taken steps toward banning the process, and a number of others are considering doing so. Congress may also weigh in and enact legislation that would bar federal development aid to states permitting such an abuse of power". Thus, the future of homeowners and eminent domain seems to be that justice is on the side of the homeowners and eminent domain will not give another case such as Kelo again in the near future."
Tags:land seizure, state government, homeowners, real estate, Kelo case
An analysis of the case of Kelo v. City of New London to describe the concept of eminent domain.
Research Paper # 94029 |
1,165 words (
approx. 4.7 pages ) |
3 sources |
MLA | 2007
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$ 24.95
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Abstract
This paper discusses the concept of eminent domain, which allows the government to take property for a lower cost, for a "greater good," such as building a highway. The paper focuses on the case of Kelo v. City of New London, in which the Supreme Court decided on June 23, 2005, that the city could take private residential property as part of a redevelopment plan.
Table of Contents:
Explanation Of "Eminent Domain"
Facts of Kelo v. City of New London
Court's Rationale In Kelo V. New London
Social Context Of Case
Conclusions
From the Paper
"Kelo v. New London established that eminent domain power on the part of the government can be utilized even to encourage private developments that are beneficial to the bottom line of the city. That "bottom line" might include the increased tax revenues, but also can be interpreted to mean a more attractive neighborhood, newer buildings, or an encouragement of new businesses. Observers have criticized the ruling as giving excessive power to the government to control individual citizens' property; the fact that the decision was 5-4 demonstrates the split nature of opinion on this issue, both in the public as well as in the courts."
Tags:government, revenue, ammendment
An overview of eminent domain laws and the potential misuse of these laws by government entities.
Persuasive Essay # 115268 |
1,269 words (
approx. 5.1 pages ) |
3 sources |
MLA | 2009
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$ 25.95
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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."
Tags:property, owners, compensation, municipalities
A discussion of a case of eminent domain in Los Angeles, California.
Research Paper # 113257 |
2,570 words (
approx. 10.3 pages ) |
8 sources |
APA | 2009
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$ 46.95
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Abstract
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."
Tags:Constitution, property, compensation, benefits
This paper discusses several cases involving eminent domain and argues against these laws.
Research Paper # 75598 |
1,930 words (
approx. 7.7 pages ) |
6 sources |
MLA | 2005
|
$ 36.95
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This paper presents several example cases and recent Supreme Court decisions, which show that eminent domain may have been a valuable tool in the past but it is outmoded and unwarranted today. The author points out that it is used as a tool to benefit the wealthy and powerful at the expense of the powerless and poor because the rates paid for eminent domain properties are often far less than market value and the states and federal government are abusing the power the Constitution gave them. The paper stresses that the eminent domain laws need to be overhauled or repealed, so that every property owner in America does not have to worry that someday the local government will swoop down and take their property, leaving them with little in return.
From the Paper
"The New London case is only the most recent case in a long line of eminent domain cases that have become increasingly valuable to developers and cities, at the expense of small property owners. In another landmark case in Detroit, Michigan, an entire city neighborhood went under the wrecking ball when industry giant General Motors (GM) wanted to build a new plant to build Cadillacs. Calling the plan an economic development project, the city eventually destroyed over 1,000 homes, along with 600 businesses and churches in the Poletown neighborhood so GM could create its assembly plant. Many opponents of eminent domain use this case to illustrate one of the major problems with these projects. Often, they do not live up to the potential they promised the city."
Tags:outmoded, private-property, constitution, supreme-court, state
This paper provides an overview of eminent domain legislation and due compensation to property owners.
Term Paper # 108440 |
1,973 words (
approx. 7.9 pages ) |
5 sources |
MLA | 2008
|
$ 37.95
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The paper explains the principle of eminent domain that variance, access and public projects for the good of the whole must take precedence over private property rights. The paper examines the US constitutional stand on eminent domain and looks at various national rulings that have taken place over the years. The paper discusses the losses often sustained by property owners and contends that municipalities, states and the federal government need to pay much more close attention to due compensation and be willing to pay a fair property value. The paper concludes with the hope that the public will become more conscious of the need to make more informed decisions about the rights of the individual.
From the Paper
"Eminent domain is one of the most controversial, yet necessary issues that communities and courts face today. Variance, access and public projects for the good of the whole must take precedence over private property rights. Yet such property rights losses as can occur though the demands of eminent domain can literally bankrupt individuals, families and businesses, with regard to loss of property value, property usage or loss of property itself."
Tags:due, compensation, valuations, public, individual
This paper discusses that, in the U.S., governments at all levels have not voluntarily compensated the owners for their losses of land taken under the right of eminent domain.
Essay # 63977 |
2,860 words (
approx. 11.4 pages ) |
5 sources |
MLA | 2005
|
$ 50.95
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This paper explains that, over the past decade, instead of buying land outright under the power of eminent domain as guaranteed under the Bill of Rights, the various levels of U.S. governments attempt to circumvent the requirement of paying compensation by requiring simply that property owners use their land in whatever manner the government wishes. The author points out that the Supreme Court has started to hold that regulation, just as with outright confiscation, may be subject to the constitutional requirement of just compensation. The paper reviews ways federal and state governments are beginning to correct this situation such as the Private Property Rights Act, introduced in the Senate by Idaho Republican Steve Symms.
From the Paper
"Chapter 337 of the Florida Statutes gives governmental entities the authority to exercise the power of eminent domain. Chapters 73 and 74 set forth the procedures which apply to eminent domain actions. For years, public agencies in Florida have conducted professional engineering studies, surveys and public hearings, with regard to any condemnation proceedings. Today this is changing, as they are now gathering information about specific properties, by appointing appraisers that work for the public agencies. It is being predicted by legal practitioners in Florida that at some given point in time, the public agencies are going to start giving owners a "120 day notice" of their intent to commence condemnation proceedings. Subsequent to this 120 day time frame, the owner will receive an "offer," and be left with two choices; accept the initial offer or negotiate for a better one.
Tags:regulation, compensation, supreme-court, florida, condemnation
A Comparison of the architecture of London and Paris from approximately 1400 to 2000.
Comparison Essay # 88968 |
1,575 words (
approx. 6.3 pages ) |
7 sources |
2006
|
$ 30.95
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The following paper reviews the architecture of London and Paris during the period stretching from AD 1400 to 2000. The paper explores the similarities and differences between the two cities as it pertains to architecture; suffice it to say, while there are general similarities there are many more differences, and the paper explores how architectural divergences explain the differences in atmosphere and appearances between the two metropolises. At the same time the paper considers the differing architectural styles that distinguish the two world class cities.
Tags:paris, london, architecture