Constitutional Law: Eminent Domain - Essay Example

Comments (1) Cite this document
Summary
Constitutional Law: Eminent Domain Introduction In relation to property rights and responsibilities, constitutional crisis at times crops up. In this paper, it is proposed to examine State‘s power of eminent domain in the light of the recent decision of the U.S…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.6% of users find it useful
Constitutional Law: Eminent Domain
Read TextPreview

Extract of sample "Constitutional Law: Eminent Domain"

Download file to see previous pages Constitutional Law: Eminent Domain

Earlier it was the stand of the U.S. Supreme Court that the right to own property was “primary object of the social compact” and “one of the natural, inherent, and unalienable rights of man”. The underlying concepts to these rights are exclusivity and alienability. Exclusivity refers to the right of the property owners to make choices about the usage of their property in a reasonable manner and alienability is their right to sell their or otherwise dispose of their property. These rights are subject to certain obligations such as payment of taxes and restricted use of their property with a view to protect the rights of others. As already mentioned, the right to property is subject to the power of the government to take the property for public use. This is called the power of eminent domain. This is also referred to as “condemnation” or “taking” to signify taking away of something from a landowner which he/she cannot refuse. Though the U.S. constitution has no provision for eminent domain power, its invoking by any government has never been seriously resisted. Constitution’s silence about the eminent domain does not mean that the government has no power but rather it signifies the implied existence of that power. The constitutional limits to exercise this power have however been the subject of interpretation by the courts and debate. Courts have always supported the legislatures taking the private property for public good....
The court held that rigid formulas and intrusive scrutiny could not come in the way of legislature’s ultimate goal of the taking of property for public good. It also clarified that legislatures have the discretionary power to broadly or narrowly use the power of eminent domain. Thus, the respective State governments are authorized to invoke the power for the purposes of roads, public buildings, schools, parks, utility lines, and environmental protection. (Scott) As part of the exercising the power of eminent domain, the Government or its authorized body has to contact the property owner for a negotiated settlement. If no agreement could be reached with the owner, the authority of the Government can apply to court for the condemnation action. The authority should deposit the full amount of compensation in court. The owner can withdraw that amount and can still demand more compensation (Szypszak) and (Kelo v City of New London). The government’s power of restriction on the use of private property on the grounds of public health and safety need not be compensated as it is a policing power. But overly aggressive restrictions can amount to regulatory taking as was held in the well known case Pennsylvania Coal Co v Mahon (1922). If police power is extended too far, it would be the end of private property and hence the owner is entitled for compensation if the restriction goes beyond reasonable limits or ‘too far’ in the words of the court. Courts are burdened with the responsibility of determining when restrictions or regulations “go too far”. In subsequent decisions a frame work has developed to distinguish between what requires compensation and what does not require. As such, prohibiting construction of an office building over ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Constitutional Law: Eminent Domain Essay Example | Topics and Well Written Essays - 1250 words”, n.d.)
Constitutional Law: Eminent Domain Essay Example | Topics and Well Written Essays - 1250 words. Retrieved from https://studentshare.org/law/1437235-constitutional-law-eminent-domain
(Constitutional Law: Eminent Domain Essay Example | Topics and Well Written Essays - 1250 Words)
Constitutional Law: Eminent Domain Essay Example | Topics and Well Written Essays - 1250 Words. https://studentshare.org/law/1437235-constitutional-law-eminent-domain.
“Constitutional Law: Eminent Domain Essay Example | Topics and Well Written Essays - 1250 Words”, n.d. https://studentshare.org/law/1437235-constitutional-law-eminent-domain.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
zs
zschmitt added comment 11 months ago
Student rated this paper as
Helpful paper! Used it to complete an assignment for a law course. It was easy as ABC, for the first time in my life.

CHECK THESE SAMPLES OF Constitutional Law: Eminent Domain

Eminent Domain Assignment

..., in this book, Epstein answers four questions: What constitutes a taking of private property? When is the taking not compensated? When is the taking for public use? And when is the taking compensated in cash or in kind? Ryskamp John. The Eminent Domain Revolt: Changing Perceptions in a New Constitutional Epoch. New York: Algora Publishing. 2007. This book gives an explanation on the anger against the eminent domain. It provides an in depth analysis of the profound legal issues and proposed changes that are far a head of seizing of property and regulations of land use. Ryskamp gives a report on the law and politics of...
4 Pages(1000 words)Assignment

Eminent Domain

...Titus Rock Manickam Order No. 214746 09 April 2008 Eminent Domain in Ashbury Park, New Jersey Ocean Groove New Jersey living in tents situation Introduction Just imagine! You own an ancestral property close to the beach and over the years other buildings have also sprung up alongside, behind, and around your own. It is the typical, friendly neighborhood with a beach thrown in for good measure and wide, open spaces between the buildings. Just when you are about settled down well with your family and enjoying the years of comfort within your small, tidy homes and everything is all right between you and your world, you are one day crudely confronted by officials from the local municipality giving you time to...
4 Pages(1000 words)Essay

Constitutional Law

...Running Head: Constitutional law Constitutional Law s Constitutional Law A constitution is a system of rules which describes the structure and powers of government, the relationship between different parts of the government and citizen. When talking about a constitutional government, we really mean whether or not the United Kingdom has a constitution. This is a discussion which has been argued over many years. The sources of the constitution are also important, statue law, common law, royal prerogative, conventions, works of authority,...
4 Pages(1000 words)Essay

Eminent Domain Law in California

...lands for public purpose was invoked (Kohl). The California State Constitution was ratified on November 13, 1849, just prior to California attaining statehood in 1850. Because of this, a new state constitution was established in 1879 (California). Over the years, there have been many amendments, which makes the California constitution one of the longest in the nation. For purposes of this paper, however, Article I, Section 19, will be discussed. Article I is based on the Fifth Amendment, and Section 19 focuses on eminent domain. Implications of Kelo v. City of New London The decision by the U.S. Supreme Court in 2005 opened discussion in California...
3 Pages(750 words)Case Study

Eminent Domain Case Study

..., arenas, hotels and other massive structures in order to generate tax revenue. Justice John Paul Stevens said local officials rather than federal judges, know best in deciding whether a development project will benefit the community. Try explaining that to the poor man who sits on the wrong side of the local official. Stevens further ruled that "states are within their rights to pass additional laws restricting condemnations if residents are overly burdened." Sounds generous, but whom is to decide what constitutes overly burdened How does a single citizen stop the arbitrary and capricious act of the local government Justice Sandra Day O'Connor, the only rational justice stated in her dissent that...
2 Pages(500 words)Case Study

Constitutional Law

...and Masterman observe: “…at the same time they were proud of their long-established common law and constitutional traditions, including deference to parliament and to the executive in judicial review cases, as manifested in the Wednesbury doctrine.”5 The Wednesbury doctrine is the approach adapted by the courts in respect of judicial review in Associated Provincial Picture Houses Ltd v.Wednesbury Corporation [1948] 1 KB 223. In this case it was held that the applicant for judicial review is required to satisfy the court that no reasonable public official would have reached the conclusion that the official under review came to.6 Moreover, the court went on to state that it will not stand in an appellate...
14 Pages(3500 words)Essay

Eminent Domain (Real Estate Analysis)

..., there are question on how some real estate projects benefit the public. Additionally, ways of calculating of the just compensation is questionable. Therefore, it is important that the government exercise eminent domain carefully since it affect the constitutional rights of the property owners (Cook Web). Transfer of property land to real estate agents entails transfer of property from one private owner to another private owner. There is need for courts to define when it is appropriate for eminent domain to be applied especially if the property is being transferred to private owners. Transfer of property from one private party to another has at times...
2 Pages(500 words)Research Paper

Eminent domain

...utility propjets like hospitals, schools, government t office buildings, parks etc. To have just laws is fine. What is important is the interpretation of the law needs to be just and the end use of the acquired land needs to be for just purposes. The wise saying goes, that eternal vigilance is the price of liberty. The implementing authorities may try to abuse eminent domain, but it is for the community to resist such ill-boding moves. When the State Government delegates the power to their political subdivisions, such as cities and counties, the chances of misuse of eminent domain is real. The saving grace for the American citizen...
1 Pages(250 words)Essay

Zoning and Eminent Domain

...zoning regulations due to violation of preferred property uses. When property owners contest the zoning plan, a special body listens to their appeals in order to justify or refute their claims. Zoning regulations and laws include requirements to provide building plans for certification and certificates of ownership. Zoning has received widespread condemnation from certain areas as it is seen as a source of racial profiling (Rothwell & Massey 779). From another point of view, eminent domain is a process that uses governing bodies’ power to contest the rights of private property ownership. In numerous nations, private property that includes land, air, and water are the exclusive...
6 Pages(1500 words)Research Paper

Eminent Domain

...Eminent Domain The city plan did not violate the constitutional taking clause. The plan was aimed at benefiting the public in New London economically by providing jobs to the unemployed and increasing the tax receipts that would ultimately boost the city's public finance and by so doing boost the economy necessary for the city's development. The takings clause protects the private property from conversion by the state for public use without just compensation. Although the eminent domain gives the state the right to acquire private land for public use, this 5th Amendment provision of the takings clause subjects such conversion to be legitimate, that is be for public use and the compensation be just what is viewed as be fair as per... such...
1 Pages(250 words)Case Study
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 Essay on topic Constitutional Law: Eminent Domain for FREE!

Contact Us