Text[ edit ] The amendment as proposed by Congress in reads as follows: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. The hand-written copy of the proposed Bill of Rights,cropped to just show the text that would later be ratified as the Fifth Amendment Background before adoption[ edit ] Painting of James Madison by Charles Wilson Pealedone in On June 8,Congressman James Madison introduced several proposed constitutional amendments during a speech to the House of Representatives.
This entry explores various conceptualizations of eminent domain and its background and then discusses controversies surrounding its key components. Related concepts to eminent domain exist in other countries with common law systems.
In the United Kingdom, New Zealand, and the Republic of Ireland, a similar procedure is called compulsory purchase, and in Australia it is called resumption. In Canada and Louisiana, a concept similar to eminent domain is expropriation. Governments, however, must use due process to appropriate the property, often taking private property through a condemnation proceeding.
Government can take property only for public uses, and it must compensate the property owner. The courts usually defer to the legislative branch in deciding what a public use is.
In the United States, it is without controversy that governments possess an inherent power to exercise eminent domain but that due process must be followed beforehand. Experts conceptualize four kinds of property takings: A temporary taking means the owner is compensated for temporary loss of the property, but the property eventually returns to the owner.
Contemporary controversies surrounding eminent domain revolve around what are legitimate public uses and what is fair compensation. The notion of a legitimate public use has changed dramatically over time, from a notion of universal availability, to a definite, direct public benefit, and more recently, to a potential, indirect public benefit.
Supreme Court cases, Kohl et al. United States, 91 U. Decided inthe Supreme Court concluded that the federal government could appropriate private property in Cincinnati, Ohio, to develop a building that would house a federal post office, courthouse, pension office, customhouse, and other federal government facilities.
In this instance, the Court was concerned with the potential access of all Americans to these public properties. Eventually, the focus of legitimate public use was less on universal access and more on the interest of the public.
It became no longer necessary that everyone have access to the property but rather that everyone would benefit from the property. Supreme Court considered whether the District of Columbia Redevelopment Land Agency could use its powers of eminent domain to take blighted property in Washington, D.
They may indeed make living an almost insufferable burden. Notably, in the case Susette Kelo, et al. City of New London, Connecticut, et al. Supreme Court decided a city could appropriate private property for a public purpose, even if that private property is turned over to private developers whose ultimate aims may or may not result in fulfilling a public purpose.
Rather than condemning the property to build a public facility as in the Kohl case, or condemning a building because of public health concerns as in the Berman case, the New London city government wanted to appropriate the private property and then sell it to real estate companies, who would then develop the property.
Two public purposes were to result from this transaction: Supreme Court previously did hold that economic development is a public purpose for which condemnation proceedings are legitimate.
An important difference in the Kelo case is that government was conveying the private property to a private developer, whose objectives only indirectly put the property to a public use.
The public purpose that would be served would be economic development and an increase in tax revenue. Logically, the Kelo case stands for the proposition that government can legitimately force a family to convey their home to a private entity that promises but cannot guarantee economic development and consequent tax revenue.
Another reason the Kelo case is controversial is that the city government of New London used condemnation proceedings against homes that were not dilapidated but were in a working-class neighborhood that, by all accounts, was not blighted.
Some members of the New London neighborhood had assented to purchase of their property by the City of New London, but other neighborhood residents had not. Not surprisingly, hostile responses to the Kelo case were swift and strong. House of Representatives inhas since languished in the Senate.
If it ever becomes law, it would prevent local governments from receiving economic development funds to use for eminent domain proceedings for private development.Search the history of over billion web pages on the Internet. Essay on Eminent Domain Eminent Domain Eminent Domain is the inherent power of the state to take over a citizen's property for public use without the owner's consent.
This is commonly done when the acquisition of property is needed for the completion of a project.
Eminent domain is the government’s power to take private property and change it to public use for the state. Eminent domain power applies differently in each state; as the court cases on eminent domain evolve, more of its limits are being revealed to the public.
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1. near, at hand. Imminent, Impending, Threatening all may carry the implication of menace, misfortune, disaster, but they do so in differing degrees. Imminent may portend evil: an imminent catastrophe, but also may mean simply “about to happen”: The merger is imminent.
Impending has a weaker sense of immediacy and threat than imminent: . Zoning and Eminent Domain Essay Zoning and eminent Domain: Land use planning law involves governmental real existence using the government power to regulate and control the use and development of a property, often to protect natural resources or the population or densities of an area or to reduce conflicts between the landowners.