Criticized

“Wal-Mart and Target have both been criticized for their eminent domain use.” (Burt Flickinger)

Eminent Domain is the government's power to take private land for public use under certain circumstances. The power of eminent domain is defined by the "Takings Clause" of the Fifth Amendment to the U.S. Constitution, which prohibits the federal government from taking private property for public use "without just compensation." This clause is also applied to state and local governments through the Fourteenth Amendment to the Constitution.

 The Takings Clause does not give the government permission to take any land it wants. On the contrary, it serves as a limit on the power of the government by requiring that a taking can only occur if the land is for "public use" and in exchange for just compensation. When the government acquires private land, this is known as "taking," in contrast to a property seizure that occurs when the property owner commits certain types of crimes or abandons the property.

The definition of "taking" includes more than just the acquisition of property by the government. It also includes government action that impacts the land in some way including zoning or development plans that change the way the property can be used or result in a decrease in the value of the property. There are different categories of takings:

 

·         A complete taking is when the entire property is purchased.

·         A partial taking occurs when only a portion of the property is needed.

·         A temporary taking occurs if the property is needed only for a specific period of time.

 

In order to prevail in an Eminent Domain or condemnation action, the government will need to demonstrate that the project in question is for "public use." This meant that the property to be taken must confer some benefit or advantage to the public. In 2005, the Supreme Court  decision of Susette Kelo v. New London considerably broadened the definition of “public use” when it held that the definition included any structure that was intended to generally benefit the community, including shopping malls, hotels, condos, and health clubs. Some examples of government projects for public use include:

·         Transportation projects, like roads, railroads, and bridges

·         Government buildings, such as post offices

·         Structures related to the water supply, like aquifers

·         Expansion of public and national parks

·         Preparation for war efforts and production of war materials

 “One would expect that private property taken by eminent domain would become land available for public use such as parks and roads. Unfortunately, this decision creates a loophole for government to manipulate the definition of public use simply to generate greater tax revenue.” (Jim Ryun) [i]

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[i] Sources used:

·        “5 Things You Need to Understand about Eminent Domain” by The Blaze Contributor

·        “Eminent Domain Overview” by FindLaw's team of legal writers and editors

·        “What to Do When the Government Wants Your Land” By Yolander Prinzel

 

MERRY CHRISTMAS EVE 2019