Eminent Domain and Homeowners Term Paper by Jay Writtings LLC

Eminent Domain and Homeowners
This paper takes a look at current issues involved with eminent domain.
# 119732 | 2,649 words | 9 sources | APA | 2010 | US
Published on May 21, 2010 in Law (Property) , Public Administration (General)

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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."

Sample of Sources Used:

  • Cohen, Charles. (2006). Eminent Domain After Kelo V. City of New London: An Argument For Banning Economic Development Takings. Harvard Journal of Law & Public Policy. Vol. 29, Issue 2, p491-568.
  • Conrad, Lee. (April 2006). Banks Weigh in on Explosive Issue of Eminent Domain. Corporate And Institutional Banking. P45. Editorial. (May 29, 2006). Eminent Domain Attack Can Weaken the Blight Battle. Engineering News-Record. Vol. 256, Issue 21, p64.
  • Forbes, Steve. (February 27, 2006). Just Say No. Forbes. Vol. 177, Issue 4. p28.
  • Hudgins, Matt. (July 2006). Eminent Domain: A Year After Kelo. Industry News. Pg18.
  • Mansnerus, Laura. (July 23, 2001). Refusing to Let Go, Property Owners Test Eminent Domain's Limits. New York Times. Pg. B.1.

Cite this Term Paper:

APA Format

Eminent Domain and Homeowners (2010, May 21) Retrieved February 06, 2023, from https://www.academon.com/term-paper/eminent-domain-and-homeowners-119732/

MLA Format

"Eminent Domain and Homeowners" 21 May 2010. Web. 06 February. 2023. <https://www.academon.com/term-paper/eminent-domain-and-homeowners-119732/>