Changes

Jump to navigation Jump to search
358 bytes removed ,  22:21, October 4, 2009
→‎Eminent Domain: better stick to the settled Constitution
Line 122: Line 122:     
===Eminent Domain===
 
===Eminent Domain===
−
Whenever there is a compelling need to appropriate privately owned real estate for use by the general public, the government may exercise the power of ''eminent domain'' to take the land.  There are two provisos to this usurpation. First, the land must be used for a public project, such as a highway, a utility line, a canal, a federal fort or building, etc.  It cannot be taken for private use, even if the recipient intends to benefit the public thereby, such as by putting a shopping mall or a new row of houses on the property.  (The Supreme Court in 2005 seriously erred on this issue in the 5-4 ''Kelo'' decision.) Second, the owner must be fairly compensated for the cost of the land. The fair market value is the highest price the owner would get for the property, were he to make it publicly available. In the event that the owner and the government cannot agree on a price, an appraiser may be asked to help assess the value.  If there is still no agreement, the case may be put before a court and both sides may produce expert witnesses to attest the property’s worth.
+
Whenever there is a compelling need to appropriate privately owned real estate for use by the general public, the government may exercise the power of ''eminent domain'' to take the land.  There are two provisos. First, the land must be used for a public benefit. Second, the owner must be fairly compensated for the cost of the land. The fair market value is the highest price the owner would get for the property, were he to make it publicly available. In the event that the owner and the government cannot agree on a price, an appraiser may be asked to help assess the value.  If there is still no agreement, the case may be put before a court and both sides may produce expert witnesses to attest the property’s worth.
    
===Invasion and Rebellion===
 
===Invasion and Rebellion===
17,394

edits

Navigation menu