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In this case, "the government must prove that it tried to negotiate the sale and that the takeover is for public use. If the government wins, an appraiser establishes fair market value and the property owner is paid and evicted," (Bryant n.d.). In cases like KELO et al. v. CITY of NEW LONDON et al., the property owner refused to sell and the matter went to court. In most cases, the government succeeds in expropriating the land but is still required to offer market value compensation for the seizure.
Leung (2004) notes that eminent domain is easily abused. "Cities across the country have been using eminent domain to force people off their land, so private developers can build more expensive homes and offices that will pay more in property taxes than the buildings they're replacing," (Leung 2004). The law has even allowed for private organizations to invoke eminent domain: "the power may be delegated as well to private corporations, such as public utilities, railroad and bridge companies, when they are promoting a valid public purpose. Such delegation has long been approved," ("National Eminent Domain Power," n.d). However, the law occasionally protects the...
For example, a recent bill was passed in the Nevada State Senate that ended "the authority of the state's mining and defunct sugar beet industries to invoke eminent domain to take private land for their own use," (Weinstein 2011). In this case, the industries and their needs were deemed "antiquated," (Weinstein 2011). Although the government can and often does abuse the power of eminent domain, it must nevertheless prove that the condemning and appropriation of the land is just.
References
Bryant, C.W. (n.d.). How eminent domain works. Retrieved online: http://money.howstuffworks.com/eminent-domain1.htm
"National Eminent Domain Power," (n.d.). Retrieved online: http://caselaw.lp.findlaw.com/data/constitution/amendment05/14.html
United States Department of Housing and Urban Development (HUD 2011). Eminent domain. Retrieved online: http://www.hud.gov/offices/pih/centers/sac/eminent/
Weinstein, D. (2011). Bill ending eminent domain powers of mining industry clears Nevada Senate. CB Online. Retrieved online: http://www.canadianbusiness.com/markets/market_news/article.jsp?content=D9LSLQMG0
(4) Bell and Parchomovsky 871) This having been said the demand should rest on the public entity to not only prove the public purpose of the eminent domain ruling but also to fairly compensate the owner(s) with regard not only to market value but based on other interests as well. A takings law permits undercompensation whenever the reserve value of the property owner exceeds market price. Second, many important compensation doctrines require
" The public outcry against the Kelo decision confirms that citizens simply do not trust the government when it comes to their personal property. Definitions and Meanings Justice Sandra Day O'Connor strongly opposed the majority decision (Urbigkit, 2006). She wrote, "Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with
land use and economic development. There is a hypothetical land parcel near freeway on- and off-ramps, several acres in size, owned by the Smith family, on which developers plan to build a casino. Citizen Opposition There will be significant opposition to building a casino by a small group of vocal and highly visible opponents. Many of the opponents will be affiliated with churches, and possibly environmentalist and social activist organizations as
" (GAO, 2006) Issues involved are stated to include "the dispersal of residents in low-income communities to other neighborhoods or cities." (GAO, 2006) it is stated that an inherent right of "sovereignty, eminent domain in a government's power to take private property for a public use while fairly compensating the property owners." (GAO, 2006) There have been actions in state legislatures toward prohibition of "certain eminent domain practices, such as preventing
In this regard Pindell advises, "The city is a place in which diverse groups, distinguished by income, race, or other characteristics, engage in a competition for space. For some, efforts within the competition are focused on excluding certain populations. Suburban communities incorporate to separate themselves from cities; some individuals live within the protections of gated communities, and some localities engage in zoning practices designed to limit housing opportunities for
S. Constitution as offering much protection but instead view it as being the responsibility of the states to provide protection for private property owners. In the event that the courts "...continue to abdicate their role as the protector of individuals rights, then big government and powerful corporations will continue to run roughshod over the property interest of small landowners." (Liles, 2006, p.372) Liles holds that the legislature being allowed a leeway