Tuesday, March 17, 2020
Free Essays on Emonite Domain
The fifth amendment of the United States Constitution; 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 subjected for the same offence to be twice put in jeopardy of life or limb, 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. Most people know the Fifth Amendment as not having to incriminate yourself. I am going to talk about the latter part, eminent domain. Eminent domain allows the government to condemn private property for public benefit, such as road construction or hospitals. Property owners must receive at least fair market value for their property. What this does is, if the government needs to build a highway and your house is in the way and you refuse to sell it, a court can condemn your property and force you to sell it anyway because it is in the best interest of the public. Unfortunately, conglomerate corporations like Wal-Mart are abusing this amendment. Eminent domain is a term in law used to describe the power of the state to appropriate private property for public use. In a broad sense, it is the concept of the right which the state has to perform such activities as taxation, expropriation and condemnation. The Fifth Amendment states that "no property shall be taken for public use..." That's when the loop hole comes in... "Without just compensation." So basically the government can condemn your property if they feel the price is right. Did the framers of our constitution want it to be interpreted this way? That if Wal-Mart or Home Depot wants your property the city council can force you to sell your land for the benefit of these conglomerate companies? Maybe the founders of our... Free Essays on Emonite Domain Free Essays on Emonite Domain The fifth amendment of the United States Constitution; 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 subjected for the same offence to be twice put in jeopardy of life or limb, 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. Most people know the Fifth Amendment as not having to incriminate yourself. I am going to talk about the latter part, eminent domain. Eminent domain allows the government to condemn private property for public benefit, such as road construction or hospitals. Property owners must receive at least fair market value for their property. What this does is, if the government needs to build a highway and your house is in the way and you refuse to sell it, a court can condemn your property and force you to sell it anyway because it is in the best interest of the public. Unfortunately, conglomerate corporations like Wal-Mart are abusing this amendment. Eminent domain is a term in law used to describe the power of the state to appropriate private property for public use. In a broad sense, it is the concept of the right which the state has to perform such activities as taxation, expropriation and condemnation. The Fifth Amendment states that "no property shall be taken for public use..." That's when the loop hole comes in... "Without just compensation." So basically the government can condemn your property if they feel the price is right. Did the framers of our constitution want it to be interpreted this way? That if Wal-Mart or Home Depot wants your property the city council can force you to sell your land for the benefit of these conglomerate companies? Maybe the founders of our...
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