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
Zoning might also affect the aesthetic or lifestyle objectives of urban planners. "The Supreme Court has approved generally the widespread use of the power of eminent domain by federal and state governments in conjunction with private companies to facilitate urban renewal, destruction of slums, erection of low-cost housing in place of deteriorated housing, and the promotion of aesthetic values as well as economic ones," ("National Eminent Domain Power," n
However, the law occasionally protects the rights of citizens. 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)
Pros and Cons of Eminent Domain The pros of eminent domain include the ability of a community to build as asset that will be available for its citizens as a whole, such as a school, road, park etc. Along with the monetary benefits of a given project, there may also be beautification and enjoyment advantages for the community (Davis, 2007)
Until they do, IJ will stand with property owners nationwide to fight for what is rightfully theirs. (Bullock, 2010) Bullock's summary is worth quoting at length, because his advocacy of Kelo's case in front of the Supreme Court was, in some sense, a work of activism, and his own assessment represents the generally libertarian interpretation of eminent domain (on both right and left) which was strongest in the "outcry
These victories reinforce legislative gains, and can help pave the way for further reforms (as may be the case in Ohio). (Gall 2007)
The Connecticut Supreme Court agreed with New London that seizing homes for purposes of private economic development was permissible. The homeowners appealed. (Lithwick 2005)
Next were statutes issuing a "limitation to public use" for eminent domain, enshrining a much narrower interpretation of the words in the Fifth Amendment. And finally there were those which restricted it to "blight" and offered a clear definition of the term "to emphasize public health, safety and welfare considerations" (Morandi 2007)
"By the Twentieth Century it appeared that the narrow doctrine, where it still ostensibly existed, constituted at best a minor hindrance to liberal use of the eminent domain power. (103)" (Cohen 491) the frustrating part is that in many cases the property will actually be held by private developers who will likely stand to gain exponentially from the exchange made possible only because the municipality saw fit to utilize eminent domain laws to evict residents
" (1) Thus, there are two constitutional requirements for the exercise of eminent domain: that the use be public, and that the owner receive just compensation. (Talley 759) The problem that arises from the circumstance is that "just" is not a very definitive description of compensation and individuals facing the might of a government may feel intimidated and overpowered to the point of accepting the first offer the government makers, as if it is a mandate rather than an offer
This paper aims to determine what the impact of the decision is and whom it impacts most. The Kelo Decision According to the Fifth Amendment to the United States Constitution, just compensation must be paid when the power of eminent domain is used, and requires that the property be taken for "public use (Fund, 2005)
This case was highly controversial and widely publicized, making eminent domain a hot topic for American citizens. In the case, private homeowners had refused to sell their properties to the city of New London, Connecticut, for destruction to allow a hotel, shopping and housing complex to be built by a private developer (Urbigkit, 2006)