Eminent Domain

In: Social Issues

Submitted By chimerakittie44
Words 3810
Pages 16
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Introduction
Question: Is the policy of eminent domain providing for the public welfare, through the taking of privately owned property, using a rightful procedure involving due process and just compensation as it was intended to do when the policy was founded?
Eminent domain is the inherent power of the government to take over a citizen's property for public use without the owner's consent. Initially, this public policy originated in the Middle Ages throughout the world. It became part of the British common law before reaching the United States where it was then illustrated in the US Constitution in 1791 (Britannica: eminent domain). The Fifth Amendment granted the federal government the right to exercise eminent domain, provided protection to individuals, and protected the property rights of citizens. Shortly after the due process clause of the Fourteenth Amendment made the federal guarantee of “just compensation” applicable to the states. The use of eminent domain power to promote economic development, particularly in urban centers of the United States, has become the focus of significant controversy in this present day. This is commonly done when the acquisition of property is needed for the completion of certain project. Projects intended for the public good such as highways, bridges, schools, and government buildings have been created from Eminent Domain. The policy pertains to every independent government. It requires very little constitutional recognition, and is considered an attribute of sovereignty. Under the US constitution, private property may be taken by eminent domain if the taking is for a public purpose and if just compensation is provided (Britannica: property law). Given the intended purpose of Eminent Domain, the policy faces controversy as to whether it is carrying out its mission of providing for…...

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