What are your feelings on this?
And is it considered legal in your state?
2007-07-11 07:56:17 · 5 answers · asked by (no subject) 4 in Politics & Government ➔ Law & Ethics
Eminent Domain.
It's a necessary concept in America....if the government needs part of your property, they can pay you fair market value for it.
The original concept was that eminant domain would be used for "public" things...roads, bridges, librarys, city halls, etc. Stuff that everyone had a stake in.
Lately, however, it's been used for "tax revenue"....they use eminant domain to sieze your house so that they can sell the land to a private contractor, who in turn builds a mall or something. In the mind of the government (local, usually), the tax revenues that the new businesses will generate help all citizens. However, to you and me, it's just a way for the city to make more money at our expense.
2007-07-11 08:01:18 · answer #1 · answered by BDZot 6 · 1⤊ 0⤋
Per the United States Supreme Court, it is legal in all states. Eminent domain is guaranteed by the US Constitution and serves the citizenry. Without it, a stubborn homeowner could stop the building of roads, highways, sewer lines, etc. There have been some questions raised as to whether governmental entitites are misusing eminent domain, but the concept itself is a good one.
2007-07-11 08:16:22 · answer #2 · answered by Mocha M 2 · 0⤊ 0⤋
It is actually "eminent domain" and it is generally legal for all 50 states. Without it, the government would have to pay rent or other fees to use land for public highways, utilities, railroads, schools, etc. The government would be a profit-generating entity, and would be charged commercial prices for the use of land, waterways and airspace. If that were allowed, then they would have to raise taxes in order to pay for the high prices. It is a small price to pay for a democratice government. And, there are systems in place to prevent abuse of the power by the government. The government cannot seize property for any use, only for public use or, in times of war, for a military purpose.
2007-07-11 08:01:57 · answer #3 · answered by chitowngal70 3 · 0⤊ 0⤋
Eminent domain is a basic power that is granted to all levels of government and is acceptable when it is used to repay landowners a fair market value for land the government takes for public use (like roads, parks, bridges, schools, etc). It should never be used by the government to take land from one private entity and give it to another private entity in the name of "economic development."
2007-07-11 08:31:25 · answer #4 · answered by msi_cord 7 · 2⤊ 0⤋
Can be good can be misused. Only opinion of Antonin Scalia's that I agree with is his on immanent domain- the New Jersy case.
Every state and every municipality has this right. It is an inherent right of government. It is basedon the establishment clause: Public good.
2007-07-11 08:02:42 · answer #5 · answered by Anonymous · 0⤊ 0⤋