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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.
Sample of Sources Used:
- Aguirre, Adalberto, and Frances Vu. "Eminent Domain and City Redevelopment in California: An Overview and Case Study." Social Justice 33.3 (2006): 101.
- Bell, Abraham, and Gideon Parchomovsky. "Taking Compensation Private." Stanford Law Review 59.4 (2007): 871.
- Margolis, Bruce S. "Getting Started in Eminent Domain Valuations; CPAs Are Well Qualified to Perform Services in This Expanding Field." Journal of Accountancy 170.6 (1990): 63.
- Morandi, Larry. "Eminent Domain Legislation by State." Public Management Dec. 2005: 9.
- Talley, Brett. "Restraining Eminent Domain through Just Compensation: Kelo V. City of New London." Harvard Journal of Law & Public Policy 29.2 (2006): 759.
Cite this Term Paper:
Eminent Domain (2008, October 07) Retrieved October 03, 2023, from https://www.academon.com/term-paper/eminent-domain-108440/
"Eminent Domain" 07 October 2008. Web. 03 October. 2023. <https://www.academon.com/term-paper/eminent-domain-108440/>