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…...
The utilization of eminent domain has been used to evict individuals to build malls, concentrated housing projects for both the poor and the affluent, and business parks, all of which presumably have higher property tax bases and therefore better serve the community where they are built than the homes that were there previously.
Having recently received a grant award, in the amount of 500,000 from the ACLU, Homeowners' Freedom, a 501 C3 organization dedicated to the assertion of property rights to owners intends to establish a legal defense fund for individuals who have received less than just compensation for property under eminent domain rulings. The fund will be budgeted thusly, 100,000 will be dedicated to the initial research and development that will be required to establish the names of injured parties and to advertise the service and screen potential former property owners. The remaining 400,000 will be set aside as…...
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Works Cited
Bright, Elise M. Reviving America's Forgotten Neighborhoods: An Investigation of Inner City Revitalization Efforts. New York: Garland, 2000.
Cohen, Charles E. "Eminent Domain after Kelo V. City of New London: An Argument for Banning Economic Development Takings." Harvard Journal of Law & Public Policy 29.2 (2006): 491.
Talley, Brett. "Restraining Eminent Domain through Just Compensation: Kelo V. City of New London." Harvard Journal of Law & Public Policy 29.2 (2006): 759.
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 courts specifically to ignore different kinds of value lost to owners of taken property, such as goodwill. (5)the problem of inadequate compensation has not gone unnoticed by courts. (6) Judge Posner wrote in Coniston Corp. v. Village of Hoffman Estates:
Compensation in the constitutional sense is... not full compensation, for market value is not the value that every owner of property attaches to his property but merely the value that the marginal owner attaches to his property. Many owners are "intramarginal,"…...
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Works Cited
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.
Kelo v. New London and Eminent Domain
When the United States Supreme Court heard oral arguments in the case of Kelo v. City of New London, Connecticut in February of 2005, the issue legally speaking was a seemingly straightforward matter of Fifth Amendment jurisprudence. What was at stake as a point of Constitutional law was the last clause of the Fifth Amendment, generally referred to as the "takings clause." The actual wording within the Bill of ights is just twelve words long: "nor shall private property be taken for public use, without just compensation." The government has an enumerated constitutional right, therefore, of what is termed eminent domain, and the only legal issue here was one of interpretation of those twelve words. To couch what was at stake in Kelo in such a deliberately bland and legalistic manner, though, utterly understates the extent of public outcry and outrage the Supreme Court's…...
" 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 disproportionate influence and power in the political process, including large corporations and development firms. As for the victims, the government now has license to transfer property from those with fewer resources to those with more. The Founders cannot have intended this perverse result."
In its majority opinion, the court stated (Urbigkit, 2006): "The city has carefully formulated an economic development plan that it believes will provide appreciable benefits to the community, including - but by no means limited to - new…...
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References
Fund, John. (July 11, 2005). Property Rights Are Civil Rights: Opposition to the Kelo decision crosses racial and party lines. Jewish World Review: 4 Tamuz 5765.
McEowen. (November, 2005). The Kelo case and eminent domain -- setting the record straight and a proposal for reform. AgDM Newsletter.
Urbigkit, Cat. (December 4, 2006). Eminent Domain: Kelo case made history. www.pinedaleonline.com
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 well. Some casino opponents will argue that the social costs outweigh any benefits from the proposed casino. They will further argue that the casino will bring increased traffic, and possibly increased crime. The presence of a casino may also help create gambling addicts which is detrimental to families and the community. Opponents will also point to a rise in bankruptcies that often follow legalized gambling.
Some citizens will argue that enough gambling outlets already exist given the state lottery. Others will…...
Cyberspace is the indefinite place where all online communications take place. It can also be defined in computer networks as the electronic medium. The name was coined by William Gibson a science fiction author. When he coined the name, he was looking for a word to describe the global computer network he was envisioning. The U.S. government defines cyberspace as the country's control system composed of interconnected computers, routers, servers, switches and fiber optic cables Adams, 1997.
It states that cyberspace is the nervous system for the military. The use of electromagnetic spectrum and electromagnetic to modify, store, and exchange information using physical infrastructures and networked information systems can also be used to refer to the cyberspace domain.
The use of cyberspace to attack others is referred to as cyber terrorism. The attacks occur in form of viruses, which are meant to disrupt large-scale computer networks in…...
Halloran, J. (2011). Game Changer? How VoIP Is Impacting the Way We Play. [Article]. International Journal of Interactive Worlds, 1-27. doi: 10.5171/2011.144197
Molina, A. (2003). Cyberspace: The "Color Line" of the 21st Century. Social Justice, 30(2 (92)), 143-149.
Yan, H. (2010). On the Clouds: A New Way of Computing. [Article]. Information Technology & Libraries, 29(2), 87-92.
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 that is so constitutionally broad in defining the protections afforded to private property effectively "...defies the necessary checks and balances implicit in our system of government." (p.372) Part of the problem appears to be that the definition applied to 'public use' has become quite lenient over the years and while it in the beginning meant that "the public must own property" it now has been construed to mean that "private parties can own the land so long as the land…...
Hansen, David (2007) Kelo v. New London: Economics and Ethics. 2007. The University of North Carolina at Charlotte North Carolina. Online available at: http://econ.duke.edu/dje/2007_Symp/Hansen.pdf
U.S. Supreme Court: Kelo v. New London (2005)
Supreme Court case Kelo v. City of New London involved the issue of eminent domain which is granted to governmental bodies including federal, state and local governmental bodies by the Fifth Amendment to the U.S. Constitution which means that the government is authorized to take land that is privately owned if the land is to be used by the public and the owner is paid a fair price for the land or what is referred to as 'just compensation'. Prior to Kelo v. City of New London the power of eminent domain was typically exercised by cities for acquisition of facilities that were clearly intended for public use such as schools, bridges or freeways. The case of Kelo v. City of New London however, involved what was a "new trend among cities to use eminent domain to acquire land for the redevelopment or…...
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Bibliography
Kelo v. New London: Lawsuit Challenging Eminent Domain Abuse in New London, Connecticut. (2012) Institute for Justice. Retrieved from: http://www.ij.org/kelo-v-new-london
Surprisingly, there is very little systematic discussion of this fundamental issue in the legal literature (Adverse Possession (http://faculty.palomar.edu/eschultze/Class_Files/LAWCH21.htm)."
The premise of adverse possession is that the land in question is being neglected or ignored by the land owner. Because of this assumed neglect or being ignored, when the squatter uses the land is no longer being neglected. If the land owner turns a blind eye to the use of the land the owner is consenting to give up that land by the very lack of objection.
This theory, which has its roots in Mill, starts with the premise that everybody owns the land in common: there is no such thing as private property because nobody is born with some sort of natural right to any particular piece of property. In other words, everybody has a right to every piece of property in the world. Suppose there's a piece of property you…...
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References
Adverse possession in Oregon: the belief-in-ownership requirement.
Environmental Law; 6/22/1993; Olson, Per C.
YOU CAN'T CLAIM LANDLORD'S PROPERTY by ADVERSE POSSESSION
St. Louis Post-Dispatch; 11/9/2000; John Roska; Land of Lincoln Legal Assistance Foundation
This is either legal or illegal (Priebe, 2012). It is legal and legitimate when corporate officers, directors and shareholders of at least 10% of the outstanding stock of the business. They file the required information with the Securities and Exchange Commission at regular periods (Priebe).
Illegal Insider Trading
This is conducted by trusted person but violates that company's trust (Priebe, 2012). The person is usually someone who enjoys fiduciary trust in working for and keeping the best interest of the company or its shareholders. He may be an officer, a director or an outsider who has access to confidential information about the company. That outsider may be the company's banker, auditor, or lawyer. In general, he is an insider who gives or receives inside information or tips (Priebe).
Characteristics of the Inside Information
It must be important and private (Priebe, 2012). It must be essential enough to…...
8. State the "law of the case" of each of the following: (10) a) Gonzales v. Raisch: ffirmed Oregon statute allowing doctors to prescribe controlled substances in assisted suicide and invalidated ttorney General's statutory interpretation that assisted suicide does not constitute practicing medicine..
b) First National Bank v. Bellotti: Invalidated Massachusetts law criminalizing corporate use of corporate funds to promote political agenda as a violation of corporations right to Free Speech under the 1st mendment..
c) Kelo v. New London: State power of eminent domain properly used even though taking of property inured to benefit of one private entity over another, because its effect was beneficial to the community..
d) darand v. Pina: Overturned Metro v FCC and decided that any type of racial classification used by any government agency triggers strict scrutiny.
e) Cole v. Burns International Security Systems: Employers may require employees to waive their right to litigate…...
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A b) Cole v. Burns International Security Company: D.C. District Court applies SCOTUS ruling in Gilmer, to uphold pre-employment arbitration agreements that meet the 5 elements of fairness articulated in Gilmer.
10. Respond to a colleague who asserts that we need to get rid of these liberal activist judges and replace them with conservative judges who interpret the law and do not make the law. (5)
The 2000 SCOTUS decision terminating the by-hand vote count then underway in Florida is a perfect example that "conservative" justices with no prior history of "liberal" statutory interpretation, in fact, make law, as evidenced in the way five "conservative" Republican justices effectively awarded the presidency to George W. Bush by their whim under the color of "judicial interpretation."
Kelo vs. New London
There are two dissenting opinions written concerning the Kelo vs. New London case; one written by Justice O'Connor and the second one written by Justice Thomas. Each of these dissenting opinions offers a unique look at why the court should have found for Kelo instead of against Kelo. This case, like many cases, hinges on the interpretation of the Constitution. Interpreting the Constitution, for the most part, involves a comprehension and understanding of what exactly the Founding Fathers meant when they wrote the Document. In this case the comprehension and understanding concerns the use of the phrase "public use."
A 2005 law review article states "the confusion in the lower courts arises from takings that do not directly achieve the government's purpose -- takings that involve a separate, unregulated private party to whom the property flows" (Christensen, 2005, p. 1669). The real issue, according to Trent Christensen (author…...
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Works Cited
Christensen, T.; (2005) From direct "public use" to indirect "public benefit": Kelo vs. New London's bridge from rational basis to heightened scrutiny for eminent domain takings, Brigham Young University Law Review, Vol. 2005, Issue 6, pp. 1669 -- 1712
Griswold, S.; (2007) Property rights vs. public use, Tennessee Bar Journal, Vol. 43, Issue 2, pp. 14 -- 27
Clause
The Taking Clause, located in the Fifth Amendment of the United States Constitution is a powerful and interesting section of the written law. In the formation of this country, the founders and architects of the nation arrived at certain questions regarding the relationship between the people's right to property and the collective need for the government to acquire that property for the good of the nation.
Because it was important to know and understand when and how a government can exercise the power of eminent domain to reclaim a property the takings clause was inserted into the Constitution. The clause essentially states that the government must pay owners "just compensation usually understood to be fair market value when it uses eminent domain to take property for public use. The right to just compensation from the government is an economic right of citizens. This protection is part of the due process…...
They have limits within reason and they are relinquished when used to infringe upon others. Along these lines Eidelberg stresses that man to have been granted these rights must possess certain special qualities;
Surely a being thus endowed must be potentially capable of governing himself without impairing the unalienable rights of others. Presumably, such a being would have the capacity to distinguish between his immediate wants and his long-range interests. He would have to understand how the pursuit of his own interests may affect the well-being of others, and how the wants and interests of others may affect his own... If he is to show "a decent respect to the opinions of mankind," he would have to address the reason rather than the passions of mankind, which means he would have to defend his own claims by reasoning.
Eidelberg 9)
Reason is therefore a requirement for the retention of these rights. If…...
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Works Cited
Aguirre, Adalberto, and Frances Vu. "Eminent Domain and City Redevelopment in California: An Overview and Case Study." Social Justice 33.3 (2006): 101. Questia. 29 Apr. 2008 http://www.questia.com/PM.qst?a=o&d=5020039975 .
Eidelberg, Paul. On the Silence of the Declaration of Independence. Amherst University of Massachusetts Press, 1976. Questia. 29 Apr. 2008 http://www.questia.com/PM.qst?a=o&d=9674133 .
Mace, George. Locke, Hobbes, and the Federalist Papers: An Essay on the Genesis of the American Political Heritage. Carbondale, IL: Southern Illinois University Press, 1979. Questia. 29 Apr. 2008 http://www.questia.com/PM.qst?a=o&d=1381039 .
Fundamental Rights Protected by the Due Process Clause
The Due Process Clause of the Fourteenth Amendment to the U.S. Constitution provides essential protections for individuals against arbitrary or unjustified actions by the government. It safeguards a range of fundamental rights that are considered essential for a fair and just society.
Procedural Due Process
Procedural due process focuses on ensuring that individuals are afforded fair and reasonable procedures before being deprived of life, liberty, or property. These procedures include:
Notice: Individuals must be given adequate notice of any charges or proceedings against them, allowing them time to prepare a defense. Hearing: Individuals have the....
1. The Evolving Use of Eminent Domain: A Case Study of Economic Development vs. Public Use 2. Expropriation of Private Property for Profit: A Look at Eminent Domain Abuse 3. From Public Good to Private Gain: The Controversy Surrounding Eminent Domain 4. The Cost of Progress: A Critical Analysis of Eminent Domain for Economic Development 5. Land Grabbing in America: The Shift in Eminent Domain Practices 6. When Public Interest Collides with Private Profit: A Study of Eminent Domain Cases 7. Whose Land Is It Anyway? The Ethics of Eminent Domain for Economic Development 8. From Roads to Retail: A Reflection on the Changing Face of Eminent....
Eminent Domain and Private Economic Projects Historical Shift Eminent domain, the government's power to acquire private property for public use, was traditionally exercised solely for government-led projects, such as roads, parks, and public utilities. However, in recent decades, the scope of eminent domain has expanded to include private economic projects. Reasons for the Shift Several factors have contributed to this shift: Economic development: Governments have increasingly viewed private investment as a catalyst for economic growth and job creation. Eminent domain allows them to acquire land at market value for projects that are deemed to serve the public good. Blight removal: Private developers often argue....
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