Where is the law that allows corporation to take your house under eminent domain ?

Question

Why is a corporation even have the right to take someone's house under eminent domain, isnt this just abuse of this doctrine ?

If i was able to find it on google i wouldn't ask it here .

http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=32172

Answer 1

Corporations cannot. Only a city, county or state can.

The process is simple. The city council, or county board, or state legislature votes to take a property by eminent domain. The property is appraised and the owner paid the appraised value. Sometimes the owner is offered a little bit more, as incentive to move out quickly.

Once the city/county/state has claimed the property, they can then vote to do anything they want with it, subject to their local/state laws. That includes selling it to corporations.

The Supreme Court holding in Kelo v. New London last year only said that determinations of what constitutes "public use" are to be left up to the city/county/state legislature, and not determined by the courts.

Answer 2

Yes, it is abuse. Unfortunately, in the Kelo case, the SCOTUS wrongly decided that taking property from one private party to give to another private party was legal, under the condition that it provided a public benefit.

Of course, that is a wildly inaccurate reading of the clause, because public benefit is not the same as public use.

As Justice O'Connor said, in one of the few cases where I agreed with her,"The spectre of condemnation hangs over all property."

Answer 3

It IS abuse.
Mind you, the entire Eminent Domain statute is abusive, as it violates property rights.

Answer 4

Eminent domain does not allow corporations to take your house. It applies to government, not business.

If I'm wrong, please clarify your Q with an example.

Answer 5

The law is under your nose. Google it.
And yes, it is a Democratic abuse of the Constitution.