Nobody downloaded yet

Transmission Lines Easements and Personal Property - Research Paper Example

Comments (0) Cite this document
EMINENT DOMAIN – AN ANALYSIS “Eminent Domain” can be defined as an authority that a government may exercise over all of its land within its domain or territory. Only for a public purpose, the eminent domain and the law relating to the compulsory acquisition of land can be employed by the government…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94% of users find it useful
Transmission Lines Easements and Personal Property
Read TextPreview

Extract of sample "Transmission Lines Easements and Personal Property"

Download file to see previous pages As early as in 1625, Hugo Grotius has defined eminent domain as “The property under question is under the eminent domain of the government or state so that the government or anybody who functions for such a state may employ or even destroy or alienate such property, not only in the event of an extreme situation but also for the needs of public purpose or utility, to which ends those who have made civil society must have presumed to have meant that private purpose or ends should give away. However, it is to be noted that the government or state must be liable to make good the loss to the owner’s of the property which has been taken by the government.” Both federal and state governments have the privilege to take away the private property for public use with payment of just compensation to affected landowners. The Fifth Amendment to the American Constitution sets the tone for these seizures, and this power is widely known as eminent domain. In the historical decision in Kelo v. City of New London , U.S Supreme Court held that seizing the private property of land owners for economic development was entitled as a public use within the context of the Fifth Amendment. The above decision by U.S government has enlarged the both the federal and state government’s authority of eminent domain to unmatched areas. In Berman v Parker, in 1954, the U.S Supreme Court decided unanimously that the Fifth Amendment authorized governments to seize the private properties not for public use but for the public purpose. ( U.S Supreme Court held in Kelo v. City of New London1, that the employment of eminent domain to convey rights of a land from one private owner to another one for the furtherance of the economic development. The appeal to U.S Supreme Court happened from the fact of censure by New London, Connecticut of privately owned real estate so that it could be employed as part of a widespread redevelopment scheme. In a 5-4 decision, U.S Supreme Court held that general advantages a community savored from economic development qualified such redevelopment schemes as an allowable “ public usage” under the Takings Clause of the Fifth Amendment. The Supreme Court verdict in Kelo was widely condemned by American general public and the politicians. American public is of the view that decision in Kelo is a gross infringement of property rights. They also allege that the Taking Clause of the Fifth Amendment was against general public’s interest as it would be beneficial to giant business houses at the loss of local communities and individual land owners. Further, some critics allege that Kelo decision has removed the constitution protection offered by Federal government to individual property rights and placed the issue back to the state governments to fix on if any protection remains on any state-level. In the above case , the Supreme Court deliberated whether the “ public use “ requirement of the Fifth Amendment is satisfied in city’s decision to attach the private properties exclusively for the purpose of economic development. The City of New London, Connecticut wished to enlarge for the stated objectives of “revitalizing a distressed city by economically including its waterfront and downtown areas by taking over Kelo, which involved 90 acres of land owned by private owners. As per City, the development would foster in excess of 1000 jobs and an increase in taxes and other income. From the willing sellers, the City ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Transmission Lines Easements and Personal Property Research Paper”, n.d.)
Retrieved from
(Transmission Lines Easements and Personal Property Research Paper)
“Transmission Lines Easements and Personal Property Research Paper”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Transmission Lines Easements and Personal Property

Bacterial transmission

...personal ones. Furthermore, research by the University of Arizona as cited in Miller et al (2010) stated that an average PC has 400 times more bacteria than the average toilet seat. This clearly shows how keyboards used in hospitals require measures to counter the effects of the pathogens via strategic and sustainable 1.1. Background information This survey assessed the presence of nosocomial pathogens and their resistance to drugs. Numerous studies recent past have been initiated with regard to the role played by the healthcare environment in the transmission of diseases (Kramer et al, 2006). A cause behind the transmission has been attributed to the inanimate surfaces that have been...
11 Pages(2750 words)Thesis

Conservation Easements Research Paper

...?Introduction: - In a vastly deteriorating environment and with numerous species nearing extinction, federal law, s and individuals feel the responsibility of conserving the environment for future generations. One example of collaboration between the above mentioned members of community is conservation easement. A conservation easement is a restriction land owners voluntarily put on themselves on specified uses of property to preserve natural, cultural or productive features (Parker). The conservation easement is made official by a legal agreement between the land owner and the ‘holder’ of the easement. A conservation easement usually takes place between individuals, governments or not for profit organizations. It must be noted... that the...
5 Pages(1250 words)Research Paper

Alternatives to the Erection of Additional Transmission Lines

...? ALTERNATIVES TO THE ERECTION OF ADDITIONAL TRANSMISSION LINES Background Transmission lines are the cables which carry electric current and are used to convey electric energy from the source of its generation to its point of utilization. They are metals, usually aluminium or copper, which has been drawn into wires. They carry electric charge of up to 345,000 volts. They are at times insulated or just bare. Poles are erected at close intervals in order to hold up high the transmission lines. These poles are made of either wood or metal. Introduction The erection of transmission lines is usually a very...
9 Pages(2250 words)Assignment

Video Transmission

...Running head: Video Transmission - Wired Versus Wireless VIDEO TRANSMISSION - WIRED VERSUS WIRELESS Wired technology started gaining its rightful place in the 1900s with the advent of telephone networks. This involved the use of a metal conductor in the form of wires that carried electrical signals. The factors in favor of wired communication were high reliability, low price, durability, speed and quality of service. However, as in everything, this technology had some limitations in the form of the wires being affected by weather conditions, noise and electromagnetic radiations and their length being limited by the end points of communication. Wireless technology was used as early as 1950s for...
12 Pages(3000 words)Essay

The Law of Personal Property

...THE LAW OF PERSONAL PROPERTY The view of the common law for a very long time has been that the parties to a contract are free to decide upon the obligations that they intend to be binding upon them, so regulation in context of the content of the contract by courts have been only in exceptional circumstances. However it has been seen that there has been a change in the approach of the courts because of the use of clauses that exclude or limit liability for breach, which have led the court to protect weaker parties to the contract. Further such protection to the weaker parties, essentially consumers has led to intervention by statute in form of Unfair Contract Terms Act 1977, and the Unfair Terms in...
7 Pages(1750 words)Essay

Real and personal property

...of personal versus real property. The most outstanding difference among them is with regard to immobility. Usually, real property can be considered immobile while personal property is mobile. This means that the rule governing the latter’s transference are radically different from those governing the former. Real property is usually divided into two types of categories. The first one amongst this is the corporeal hereditaments which refer to land or tangible real property. The second category is known as incorporeal hereditaments which refer to real property that may not be tangible. Consequently, this...
10 Pages(2500 words)Essay

Data Transmission

...Channel Capa Channel Capa Channel Capa is the data transmission rate over a given path or communication or channel (Stallings, 2006). Any given system of communication has a maximum information rate C or channel capacity. The focus is mainly on how fast one can transmit information or data over a communication channel. If a source transmits r messages in a second, and the message entropy is H bits at a message, the rate of information (R) will by R=rH. However there are several factors that affect channel capacity(Stallings, 2006). These include bandwidth, noise, error rate and data rate. Noise includes intermodulation, thermal, impulse and crosstalk. Noise is mainly expected at the link; hence the signal power at the receiver has... to be...
1 Pages(250 words)Essay

Signal Transmission noise ratio. “The Shannon capacity gives us the upper limit; the Nyquist formula tells us how many signal levels we need”. (i) A telephone line has a bandwidth of 3000Hz. (300-3300Hz). The signal to noise ratio (SNR) is 35dB. What is the theoretical highest bit rate transmission over the line? Solution: Here we have: Bandwidth of telephone line = B = 3000 Hz Signal to noise ratio = SNR dB = 35 dB SNR dB = 10 log 10 SNR SNR = 10 SNR dB/ 10 SNR = 10 35/ 10 SNR = 10 3.5 SNR = 3162 Channel capacity or highest bit that channel can pass C = B log2 (1 + SNR) C = 3000 log2 (1 + 3162) C = 3000 log2 3163 C = 3000 X 11.62 C = 34860 bps or 34.86 Kbps (ii) A channel has a 1 MHz...
10 Pages(2500 words)Assignment

Instant Transmission

...Instant Transmission: Covering Columbine’s Victims and Villains; Marguerite J Moritz Moritz identifies theadvancement in technology as a significant reason for media inaccuracy in reporting news (Gross et al., 92). The events of April 20, 1999 that saw the death of twelve students at the hands of two of their fellow classmates served as the background for Moritz’s conclusion. Moritz reports that CNN and MSNBC continuously covered the events approximately forty minutes after the incident commenced (Gross et al., 72). The professional codes of journalism were brought to question after news networks aired disturbing images from the event. Moritz identifies that the professional codes have been negatively affected by the...
2 Pages(500 words)Essay

1-Pilot & Non-pilot Protection of Transmission Lines

...Pilot and Non-Pilot Protection of Transmission Lines al Affiliation Introduction Engineers have already identified the drawbacks related to non-pilot protection. As a remedy, there has been the development of pilot protection measures. The pilot system operate by sending information using communication tools linked to the remote relay terminal on one side and to the local rely terminal on the other side. The use of the pilot system will allow fault tripping at high speeds and with a 100% guarantee of the used line (Taylor, 1927). In this research paper I would not want to dwell much on the differences between the pilot and non-pilot system but rather on the circumstance under which the pilot system should be used in the protection... of the...
10 Pages(2500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic Transmission Lines Easements and Personal Property for FREE!

Contact Us