EMINENT DOMAIN

EMINENT DOMAIN - EMINENT DOMAIN REVERSING ROBIN HOOD? I....

Info iconThis preview shows pages 1–6. Sign up to view the full content.

View Full Document Right Arrow Icon
EMINENT   DOMAIN REVERSING ROBIN HOOD?
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
I. Introduction a. What is eminent domain? b. what questions still cloud the issue? II. Eminent Domain explained a. Layman’s terms b. Practical use of right c. The general process d. William Blackstone’s explanation III. Eminent Domain and the law a. Supreme Court decision i. Background 1. the NLDC 2. Kelo and other petitioners ii. Ruling 1. Stevens b. Dissenting opinions/social opposition i. O’Connor ii. Thomas IV. Aftermath a. Judicial Review i. Did the Supreme Court correctly interpret the intentions of those who framed the constitution? b. Practical Hypotheticals
Background image of page 2
i. Favoring Corporate America? V. Conclusion
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Joseph Morrison 12/5/05 Eminent domain is the government’s right to assume private property for it’s own use, regardless of whether or not the owner’s consent. This right is believed to be a natural right of government to assume control over the geographical area it presides over (Encyclopedia Britannica Online). It is believed by many in power that eminent domain is necessary to serve the good of the public. But at what point does this right become abusive? Is it a violation of civil rights; the actions of an over-bearing federal government? And, perhaps most importantly, is eminent domain consistent with the ideals that this nation was founded upon? The most common uses of eminent domain usually pertain to the completion of a public project, such as a new highway or the construction of a new school, library, municipal building, etc. When the owner of a property is unwilling to negotiate a buyout, the right is exercised: the owner is given “just compensation” (or fair market value), the property is acquired, and then usually condemned and demolished. William Blackstone was an 18 th century British judge, professor, philosopher, and author. Many of his works, particularly Commentaries on the Laws of England, is considered by many historians to be an authoritative pre-revolution source of common law, and features language which was later prominently used in the U.S. Constitution. He felt that eminent domain was a natural and absolute right:
Background image of page 4
“For that reason it seems to have been contrived, that a power of resumption at the will of the lord, should be annexed to these grants, whereby the tenants were still kept in a state of villenage, and no freehold at all was conveyed to them in their respective lands."(Library of Nature and Nature’s God- lonang.com) Blackstone is often cited in rulings handed down by the Supreme Court. The issue of eminent domain became the focus of the Supreme Court in June of this year, in the form of Kelo v. New London. The case does not dispute the right of eminent domain, but does question what exactly defines “public use.” More precisely, must the use of the land be directly beneficial to the public? Or are indirect benefits, in this case an improved
Background image of page 5

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 6
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 10

EMINENT DOMAIN - EMINENT DOMAIN REVERSING ROBIN HOOD? I....

This preview shows document pages 1 - 6. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online