Eminent Domain
Published on Nov 22, 2015
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PRESENTATION OUTLINE
History:“The kings of England after the Norman Conquest could at any moment depict their subjects and then take their cattle, their crops and all of their possessions. That law of the realm came to be known as eminent domain”
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Eminent Domain in the Fifth Amendment:no person shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The role of the Legislative Branch:
"Whenever lands in a State are needed for a public purpose, Congress may authorize that they be taken."
(CRS Annotated Constitution).
"The question whether a particular intended use is a public use is clearly a judicial one"
The Executive branch impacts the policy of eminent domain by the use of executive orders.
the funding for these projects is significantly being provided by state and federal government agencies.
the decision about whether the property is blighted, deteriorating and so forth are made by the redevelopment agency. (Thoroux).
Eminent domain holds a vital role in the lives of every day Americans because they are constantly faced with the chance of having their property stripped from them.
Eminent domain is currently legal under the 5th amendment as long as it is used for public purpose (which is not always true) and is justly compensated. It occurs frequently across the nation.
Eminent domain is an unjust law that strips americans of their hard earned rights. It should be removed or at least revised to be more narrowly interpreted so that public use is a vital necessity rather than an ignorable suggestion.
Photo by Angela Radulescu
