Eminent domain is a power given to governments of all levels by the Constitution. See the 5th Amendment Takings Clause.
The limits of what constitutes a taking, and what compensation needs to be paid, are set forth by statute and case law.
Many states have passed laws limiting the ability for them or their towns to take private property. If you want such limits, lobby your state government to have them imposed.
2006-11-16 15:59:41
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answer #1
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answered by coragryph 7
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Hmmm eminent domain is such a pain for the people. I just finished learning about the constitution and i just took a test. Tommorow i'm taking the essay for the constitution. Anyways, you can't get rid of eminent domain, but there is a way you can avoid the option of eminent domain.
Eminent domain.. usually the government clears out ares with lots of houses that are like super areas near everywhere or everything and good for either entertainment or something that helps the government. Well, even though u can't deny eminent domain... the governmen pays you a fairly good price for your land. But I think it is tax-deducted and if you live in a small acre area. The less you get. Good Luck on getting off with eminent domain. Hope this has helped you
2006-11-17 00:13:45
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answer #2
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answered by skysky 2
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Although eminent domain was practical and useful in its time, it has now been abused by governments that are pursuaded by developers to take land to help increase those same government's tax base. It didn't help when the Supreme Court ruled for this kind of abuse.
To keep it happening from your area requires a lot of effort. Here in Iowa we have made it tougher state-wide for eminent domain to be used. The burden-of proof was placed on the government. But it took grass root effort to change the law.
I recommend starting now to change your laws. Once someone starts using eminent domain laws... you can't change the law on them to stop them. Because that would be a violation of "Expo Facto" law.
2006-11-17 00:16:59
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answer #3
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answered by Chris S 2
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Eminent domain is terrible. I haven't really been into politics lately like I used to be so I don't have any advice.
I do know that companies like Wal-Mart have used Eminent Domain to their advantage and I will never shop there. It seems to me that when the government exercises this power, they go after the lower class and don't offer them a fair amount for their property.
I think it's high time this becomes a topic with all of the big news media.
Neal Boortz is a Libertarian radio show host based out of Atlanta. He has all kinds of information on this topic. You can listen to his radio show online or find a local station that carries it on his website. You can learn a lot from him and his site.
2006-11-17 00:03:29
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answer #4
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answered by KBGood 2
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Eminent domain is the doctrine that permits government to take private property for the common good. i.e. to build a road, a school. etc. Lately, however, the current supreme diluted this doctrine by allowing government to cease private property for the benefit of another private enterprise... a dangerous trend. Consequently States and governmental entities, recognizing this dangerous deviation from the traditional, have started to erect defensive laws that prevents government to obtain private property thru eminent domain and giving this property to another private entity.
2006-11-17 00:50:22
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answer #5
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answered by McDreamy 4
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They're trying it here in Southern California also. Some communities have passed resolutions defining how imminent domain can be imposed, how it should be voted upon and so on. The best thing to do is to get a process on the ballot. Good luck.
2006-11-17 00:00:18
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answer #6
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answered by sparkletina 6
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Given the Supreme Court's ruling last year that massively expanded the powers of government to take private land, the best thing you can do is lobby your legislators to pass laws restricting the rights of localities and states to use that power.
2006-11-16 23:58:07
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answer #7
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answered by JerH1 7
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Send a thank you note to the Supreme Court for their absolutely idiotic ruling that gave states and local governments the right to redistribute land if the new owners represent a larger tax base........how American, eh?
2006-11-17 00:05:27
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answer #8
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answered by LeAnne 7
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It does suck. They can declare any home "Blighted", and give you an eviction notice. Take or bribe and leave or get killed by stormtroopers. Then a walmart goes up. Always low prices. Always!
2006-11-17 00:07:32
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answer #9
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answered by Dustpan1987 3
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You Cant!!!!!!!!!!!!!....Sorry=(
2006-11-16 23:58:52
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answer #10
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answered by star 2
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