I hope you all enjoyed the lesson on eminent domain. I think you all learned quite a bit, and hopefully you've already gone home and shared with your families what you've learned about this important issue. I hope that understand that anyone can be affected by this government "tool." Now I want you to sound off – I want to know what you think. Here's a little something to get you started:
"This is America. This is a country with free enterprise. You have all the rights to own your property, your own home, your own business. You have the right to build your American dream."
"The use of eminent domain is a delicate tool, but it is a tool and it helps keep a community clean; it helps keep a community vibrant. It's a good tool and, definitely, I don't think it should be taken away."
These are quotes by two of the people interviewed in the film Unintended Consequences: Eminent Domain. Use them to get your thoughts rolling. Does eminent domain have a role to play in our communities? What should government do to protect private property rights? What can we do as citizens to ensure that these rights are protected? I don't expect you to answer the questions directly (but you may as part of your thought process). These questions are intended to help you think about the issue.
This will be an open forum, which means your comments should post immediately. Do not copy the thoughts of those that post before you, but you can certainly work off of them. That means that you can comment on a comment – you can disagree, agree, or just comment on the thoughts of someone else – but give me your ideas.
Here are few links:
An interesting story from CBS News
http://www.reason.org/eminentdomain/
http://en.wikipedia.org/wiki/Eminent_domain
Your comments must be posted by the end of Saturday, November 19.
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23 comments:
Eminent domain is an advantage and a disadvantage, which depends on who you are. For example, if you were a home owner who had half of the front yard of your property taken away to help widen an always jammed, busy road, that would be a fair deal even though it doesn't seem like it to you, since it follows everything in the fifth Amendment and is for a good cause. But, the government sometimes bends that right by using eminent domain to buy private property other than using it for public use. Now, this is how it is a big disadvantage to the people. Because of the government, lots and lots of people have lost their homes or businesses because the government just took their private property for selling it to private business owners or richer private property owners that pay more taxes than the previous owners of that property. This has brought up many arguments that are for or against eminent domain. my opinion is that eminent domain should still used, but strictly for public use. The private property owner deserves a choice in agreeing to sell it or disagreeing. For business owners, they should still get to choose, but the people of that city or area should vote on if the business should stay or go. These things will help protect private property rights. Old, abandoned property can just be used for public use. To ensure that these rights are protected, we as citizens should take a yearly vote to let the citizens say if the government is protecting these rights. With eminent domain in this condition, everybody can be at ease, including the people and the government.
I believe eminent domain is a handy tool, but is widely abused by the government. It is okay to get people to give up some of their yard for a road, but not their entire house. The way the government puts it is that forcing people to move out of there houses for more tax dollars is for the greater good. But is it really? Sure, the extra money from taxes can build a school or another publicly used thing, but what is the state government's proof that they are going to spend the tax money on things for the public. You can't force a person to move out of their home just because you might use it for the public. It is evil to toss people who are already struggling to survive out on the street just because the neighbor hood they live in looks bad and you want to fix it up. You are still tossing human beings to the curb that have their own families and their own problems. I would say this is unconstitutional but the sick thing is the constitution permits this. Our founding fathers did not write the constitution so loop holes could be found in it. It should only be used for schools, police stations, and other things that directly support the public and don't do it to people who are already poor and struggling, but the people who can survive after their house is taken away. And at least give people the actual value of their property for it and not a penny less. And if they are poor, then only take a portion of their property, but not their house.
Eminent domain definitely has positives and negatives in a community. It pays for properties, owned or not, and uses it for public cases, most of the time. In the video we watched in class all three people dealing with eminent domain were unhappy. The grill was a town's favorite and the owner did not want to see it taken by the government to use as part of a car dealership. The government might skip an important rule of eminent domain, not using the property for public uses. Another case of eminent domain was when one lady and her family and there neighbors, which were very close, were being kicked off there land. Many of those families fought the problem and wouldn't let their homes be taken, until the Supreme Court won. Eminent domain should only be used when the property is abandoned and old or the owner has specifically said it is okay to take the property for money. If the government is asking for your permission to take your property and you are so attached to your home or you don't feel you are getting enough money or it isn't a good cause and you say no, hello court. Having a good reason to keep your property, like saying your restaurant or business is a favorite to everyone could prevent the government from taking it.
I agree with everyone who commented so far. I strongly believe the eminent domain has a huge role in the community, both positive and negative. I see where Sarah is coming from. I think the government takes advantage of the 5th Amendment, only because they know they are protected by it. The government doesn’t always use the eminent domain for public uses, and this is where it’s negative, like Sarah said. I think the government should STOP abusing their power, only because hundreds of people are losing houses because of this. And half of the time, it is not even for public use! Maybe the government does have the right to take our property. But we have the right of just being American citizens. We have the right to protect our land, our home, our property! To solve this issue, I think we should avoid taking property that people actually live on. If you want to take property, take property where nothing is occupied. Therefore both sides benefits from it. Like the Big State little State Compromise. I don’t think it’s worth kicking people out of their houses, even if it does mean building something and “cleaning up” a community that was never even that dirty in the first place.
Eminent domain in my opion is a way for the government to get power over the people. In the past it was used for public uses but I personally think it was still unfair. Because imagine you wake up one morning to find out that in the mail you just got a letter that says the state is taking your house to make a new library. That would be terrible especially if you had say lived there all your life. Now it's even worst because the government is taking private property and making it into office buildings or nicer houses where new owners live. In my opion that is just terrible of the government. I know what the founding father meant by eminent domain but I don't think our government understands it to well.
In my opinion, Eminent Domain sounds more illigal than something that is right. Imagine you worked in a low paying job and you had 3 children. You could barly help yourself and when the government uses Eminent Domain you are most likely going to be homeless. For the government, this will help them but not us. I agree with the some people that it can be useful like making schools but if they have to do that, the house owner should at least have another house equal to what it was worth.
I noticed how in the video that the one court case wear the Supreme Court voted in favor of the city has basically just taken advantage of a not-so clear spot in our constitoution and has just guarnteed that as long as the building they are destroying is some how benefiting public use even in the smallest of ways it is allowed to be taken by eminent domain. I belive we should amend the constitution so that it mentions that the use of eminent domain must relate even more DIRECTLY TO PUBLIC USE. Not to just make the state capitols surrounding areas look like less of an eyesore....
I agree with Sarah! Eminent Domain can be an advantage for let's say the government because by taking someone's property they could earn more money, but the government doesn't have the right to just take people's homes or businesses away! If they win the argument in court, if the owners take it to court, they could win the money. Also it's a disadvantage for the people who get their houses or businesses run down. People need their homes to have a something where they can feel safe and protected. But if the government is taking away their home, they aren't going to feel that safetyand protection. Eminent Domain can also be a legal thing if you use it for a public needs and not just a selfish need. People might even feel the need to let you take away some of their land. But forcing it, the citizens will put up a fight for what is right. So in my own opinion eminent domain is a bad thing but also a good thing if you use it in the right way that's fair. I more so think it's a bad thing because the government uses it more as a bad, cruel thing. So that's my opinion.
I think that eminent domain is unfair to people that own property and do not want to sell it. Eminent Domain is just another way for the government to control and have more power over the people, even if you are not willing to sell the property, the government can take it and do whatever with it including use it for economic reasons and public. I think that eminent domain is a bad idea because it is destroying many peoples lives and the government just benifits off of that. I think that the property owners have the right to keep there land without fear of having it turned over to the goveernment rather than them either pay you very little or destroy your life. Eminent domain should only be used for public uses strictly and they should at least help the people thats homes and works are being destroyed. All the government cares about is money so now a days most time eminent domain is used for economic reasons and therefor I think it is a bad system, but I do think it would be necessary for road widening, hospitals, schools, etc. but at least the government should help out the people that they are taking from.
Eminent domain in my opinion is sad, and cruel. Just imagine you spend one year building a house that you thought you would stay in for the rest of your life. Right when it’s finished, the government walks to your brand new door, and knocks to tell you that, you will have to move because the government is going to put a public library that will attract more than 400 people per day. Even though the government pays you money for your land/house, it will be at a minimum. If you like eminent domain, think again it could be you. I think eminent domain is sad, mean, and should never be used. To me eminent domain is just an advantage in the government not the people. George Washington wrote in the constitution, and the first sentence read "The power under the Constitution will always be in the people."
Well I think that eminent domain needs very careful and wise decision making/maker to have used properly. Based on that it can really mess up home owners lives and/or lifestyles when their homes or property are taken away from them. On the other hand when it's used to make public things they usually understand and can live with it. Sometimes though they don't see it is used for a reasonable purpose which makes things frustrating. People say it's unreasonable, you shouldn't take the property just for that. Then the others says it's reasonable, because it is in deed help the community; for public use. So that argument led to much debate.
Eminent Domain can be good and bad but it depends on how the government uses it. If they are using it for public use that is fine in opinion if it is okay with the person that they are taking the property away from. But if they are using it just to use it and think to themselves i want to take down this rundown house to make a mall that is unfair. Especially after someone might have spent a long time building their house and people take down for public reasons. They should only be able to take an entire building to make that building something else is if no one lives there anymore and no one cares if gets taken down. so Eminent Domain should be allowed as long as the government uses it right.
In my opinion, I don't think there should be eminent domain. Sometimes-depending on the case- it could be very unfair to property owners. I agree very much with what Sarah said. Also I think almost everyone said that it is an advantage and a disadvantage. I also agree with this. Advantage- because the goverment can use the land for public uses. Disadvantage- for the property owner. I think eminent domain is very wrong. Like in the video, the government was taking most of the houses in that neighborhood. I think that this is sad and unfortunate. But also I take the other side in saying that it could help the community. In conclusion, I think that widening the roads, and taking a little bit of some people's property, is much better than extreme cases like wiping out neighborhoods. I think there should be a law about how much eminent domain is taking place everywhere. Eminent domain should be stopped, in my opinion.
In my opinion, I don't think there should be eminent domain. Sometimes-depending on the case- it could be very unfair to property owners. I agree very much with what Sarah said. Also I think almost everyone said that it is an advantage and a disadvantage. I also agree with this. Advantage- because the goverment can use the land for public uses. Disadvantage- for the property owner. I think eminent domain is very wrong. Like in the video, the government was taking most of the houses in that neighborhood. I think that this is sad and unfortunate. But also I take the other side in saying that it could help the community. In conclusion, I think that widening the roads, and taking a little bit of some people's property, is much better than extreme cases like wiping out neighborhoods. I think there should be a law about how much eminent domain is taking place everywhere. Eminent domain should be stopped, in my opinion.
Eminent domain is positive but its also negitive. Sometimes the government missuses the power of eminent domain. If eminent domain is used it needs to be used properly. If the government takes away somebody’s house it needs to be for public use only like the constitution says. It should not be used to make bigger buildings that will bring in more taxes or to just clean up a place that was never messed up. Eminent domain is a positive thing because it helps build schools and public librarys for the community.
I also want to add that eminent domain is a way our government seems to get the extra property and taxes they want. When I talked to my mom she said that she believes that the government gives give you a fair amount of money for your property that's confiscated but that it's bad to lose a home you had lived in your whole life
Before I start, I just wanna say how these comments vary a lot but are still alike! Anyways, eminent domain is very cruel to those who are poor and worked hard to earn the home that they are living in. But, it is sometimes effective when getting rid of old, abandoned houses strictly for public use. Eminent domain can get out of hand sometimes, so it should be controlled by the people and government, but mostly by the people. That was a little summary and addition to my earlier comment.
I believe eminent domain shouldn't exist. In the current day all it is being used for is a way to expand big businesses and build things that get the government more tax money. Even back in the day when it was actually used for public uses I don't believe it should have been used. You may say, oh but it was used for public uses and the people got just compensation, there is nothing wrong with it. But there is. Imagine this, the county is building a new highway that is going to go straight through your neighborhood. Your house and everybody elses house is taken with eminent domain, and you get $176,000 for your house which you bought for $250,000. Two things, one that isn't just compensation at all, two there is no way you are going to find a new house anything like your old house with the money they have given you, especially with the way the housing market is right now. All of this could happen this very day to you and our family. It is following everything in Amendment V, but it just is not right. America is supposively free, but really when you think about we don't own anything. The government does. I believe in order to be able to pronounce ourselves as a free country, we should be able to own property and not have to worry about giving it up. There is no reason for eminent domain. If a community is run down let it stay that way. America is a "free" country so if people want their community to be run down they have every right for it to be run down. Eminent domain is just a handy tool for the government to control us and get some extra money. We are now better than the British. Instead of having one person with absolute powewre we have a whole system of absolute power. Eminent domain should not exist now and never should have existed!!
I meant no better than the British. Also I agree with Carleigh's thoughts and I disagree with the people that think eminent domain is okay if it is usd corectly. Nothing is okay with taking people's property by force, nothing!!
Eminent domain i think is something that is perfectly fair for a government to use, but they should only use it for public use and they have to be fair when taking someone's property. The government shouldn't be able to misuse their power and try to take advantage of people with eminent domain.
I believe that eminent domain is a good thing in the wrong hands. The goverment is using eminent domain to take innocent citizens homes or businesses away just because they want to build a extension to a car lot or rebuild a neighborhood, even though the 5th amendment states that the property must be used for public use like a libary or school, but somehow the government has found a way to manipulate that into a cruel unfair process. that is what i tink of eminent domain
I agree with everyone and think that the government should stop abusing their power, and it's unfair to the citizens who don't want to sell the property. I do believe however that it is somewhat fair because you paid for the property taken (just compensation). But the in the case in the neighborhood where the land was just taken to expand a business is just WRONG, they should have at least got just compensation.
Eminent domain is only a good thing when it is used to strongly benefit the people. If itis being used for anything else, it sucks.
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