Eminent Domain History, Elements, Usage

Eminent domain is the power of a government to seize private property for public purposes in exchange for payment at fair prices. A variety of property rights such as land and water rights is subject to eminent domain. Eminent domain is an area that seriously challenges the court. This is because many private owners of property  complain  terribly much about this government right. They also  begin  initiating actions against the government.Advertising We will write a custom essay sample on Eminent Domain: History, Elements, Usage specifically for you for only $16.05 $11/page Learn More History of eminent domain This  idea  of eminent domain did not start now. It still existed since biblical times. For example, when King Ahab offered Naboth compensation for his vineyard. In 1789, France was able to recognise private property owner’s compensation for taken property. Acknowledging eminent domain in the Fifth Amendment into the constitutio n occurs after this amendment. Just compensation is a requirement so as to ease financial burdens incurred by the property owners and for the benefit of the public (Bradley 96). Elements of eminent domain For a government to exercise this  power  of eminent domain, it must prove that the four elements  set  in the Fifth Amendment are  present. They include: private property, must be taken, for public use and with just compensation. Private property This element requires the property taken to be private. Private  property  includes land, option, stock, and other items. Taking It refers to taking  physical  property  as well as taking  property  through reducing its  value. The cause for the reduction of the value of property is due to problems like noise, accessibility, and other agents. Some property rights  get  protection  from the constitution. For example, water rights: changing of land from the waterfront to inland property through constructing h ighways, and roads leads to the owner receiving compensation for the loss of waterfront. Reasonable, and  ordinarily  use of space above private land is another  property  that receives constitutional protection. For example, aircraft flights above a privately owned land, that seriously interfere with the property that the owner use results to taking. Compensation only happens if the flights are too  low  and  extremely  frequent  that they directly interfere with the owner’s property and  enjoyment. Publication of plans and laying out  public  improvements like streets and highways are actions by the government that the court do not  consider  taking. Regulation of  property  has not been traditionally recognised by the court as taking. Regulating property leads to restricting its  usage  by the owner and may  violate  him or her rights. The  state  uses police  power  to control use of the private property in order to  imple ment  regulation  of property.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Public use This is the third element. It requires that the property taken to be beneficial to the public rather than individuals. Therefore, the court determines if the property taken was to be used to  benefit  the general public. To determine whether property taken is for  public  use, the court determines whether the largest portion of the property is in use by the public.  Public use, therefore, is an  element  that is up to seeing the  aim  of taking private property; if the property serves the public or specific individuals. Just compensation This element states that the amount of compensation given to  property  damaged should be  acceptable  to both the private owner and to the public. The court emphasises on the right to the  private  owner eminent domain proceedings. In this case, the owner does not  initiate  the action; it brought to her or him since the public is the one that requires  land  for use (Epstein 267). The proceedings become a burden to the owner. Fair market value is the  measure  of  damage  of the property taken for public use. Assessing of the value of real property is according to how  significant  it will  be  to the public. Elements to consider are history of an area, adaptability of the land for future constructions, and the intended use of the property or land. Measuring the amount of compensation should be  corresponding  to the owner’s  loss  rather than the condemner’s  gain. Also, the owner’s compensation should be equal to his/her financial  status  before the taking of  property  took place. Condemnation proceedings The government or the state initiates them to  commit  private property to public. The procedure of  condemnation  has two stages: the one relating to the acquisition of property, and relating to fixation of compensation for the property owner. The state requires special procedures for some cases like when constructing a highway, property taken for a street, a canal, or a waterway. The aim of condemnation proceedings is to protect the rights of landowners. It ensures that compensation occurs adequately. Once  proceedings  start, it is the  duty  of the landowner to prove that he had a right to compensation. People  believe  condemnation proceedings as an adversary although the court gives a  view  that they are not. It states that it is just a mere act of filling the  action  to confer possession by the state.  Further condemnation proceedings  are considered  administrative  when the  executive  body conducts it. Works Cited Bradley, Amanda A.  Eminent domain. Eau Claire, WI: Lorman Education Services, 2007. Print. Epstein, Richard Allen.  Takings: private property and the powe r of eminent domain. Cambridge, Mass: Harvard University Press, 1985. PrintAdvertising We will write a custom essay sample on Eminent Domain: History, Elements, Usage specifically for you for only $16.05 $11/page Learn More This essay on Eminent Domain: History, Elements, Usage was written and submitted by user Hobgoblin to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.