Eminent Domain Essay by Master Researcher

Eminent Domain
This paper discusses the issue of eminent domain and offers an opinion as to whether it is a fair policy or not.
# 84567 | 900 words | 2 sources | 2005 | US
Published on Dec 01, 2005 in Law (Constitution) , Law (Property)

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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."

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