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Eminent Domain

Eminent Domain. Page 28 in your Comp Book Cornell note format. What is eminent domain?. The right of a government take private property for public use, with payment of compensation . Property must be taken by the government to benefit the economy. Where does it come from?.

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Eminent Domain

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  1. Eminent Domain Page 28 in your Comp Book Cornell note format

  2. What is eminent domain? • The right of a government take private property for public use, with payment of compensation. Property must be taken by the government to benefit the economy.

  3. Where does it come from? Fifth Amendment to the U.S. Constitution (1791) “…nor shall private property be taken for public use, without just compensation.”

  4. Economic Blight • The decline of a property, neighborhood or city due to a poor economy, residents and businesses leaving the area, and the cost of maintaining the quality of older structures.

  5. SO?? • http://www.izzit.org/products/samples.php?video=eminent_domain

  6. When is it ok? • Turn to a neighbor-when would it be acceptable or even expected for the government to use eminent domain? Discuss.

  7. Examples: Berman vs. Parker, 348 U.S. 26 (1954) The U.S. Supreme Court ruled that taking private property (and paying just compensation) to remove blight served a public purpose and met the requirements of the Fifth Amendment. This was true even though the seized property was sold to private interests and would not necessarily have a wide use by the public.

  8. Hawaii Housing Authority vs. Midkiff467 U.S. 229 (1984) • The U.S. Supreme Court ruled that a state could use eminent domain to take land from private landowners and allocate it to others. The case was based on the state of Hawaii’s complaint that the vast majority of privately held land in Hawaii was in the hand of a few landowners, thus limiting competition in land and property markets. Berman vs. Parker was used as a precedent in this ruling.

  9. Kelo vs. New London, 545 U.S. (2005) • The U.S. Supreme Court ruled that eminent domain could be used to take land from one private landowner and give it to another for the sake of economic development. Berman vs. Parker served as a precedent for the ruling. Critics of the Kelo ruling argue that the court misinterpreted the Fifth Amendment by further broadening “public use” to mean “public purpose.”

  10. And in Mesa does this happen? Case study: Bailey’s Brake Shop Using Google Earth we will look at the location of Bailey’s Brake Shop. Within your group, read the court facts. These facts are from the Court Documents. Come to a conclusion as to if eminent domain should be applied in this situation within your group. Be prepared to defend your rationale. **KEEP IN MIND THAT BLIGHT HAS BEEN A FACTOR IN EACH OF THE PRECEDENTS USED**

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