- #1
misskitty
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What is all this hubub about eminate domain and the Supreme Court? :uhh:
Supreme Court Ruling on Eminent Domain
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In summary, eminent domain is a legal principle that allows the government to seize private property for public use, with fair compensation to the owner. However, a recent Supreme Court ruling has sparked controversy as it potentially allows private developers to use eminent domain for their own interests, such as building a hotel on a Supreme Court Justice's land. This has raised concerns about the true intentions of eminent domain and its potential for abuse by private entities.
- #2
Tarheel
misskitty said:
A good (but long) explanation can be found here... http://www.cbsnews.com/stories/2003/09/26/60minutes/main575343.shtml
I just found this a day or 2 ago...
continued here... http://www.freestarmedia.com/hotellostliberty2.html
It will never happen but it made me laugh.
- #3
pallidin
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I thought that the intended concept behind "eminent domain" was to provide lawful seizure with due compensation of property that was in the clear and PRESSING interest of national security or "significant" government public works projects.
That private developers could twist this for their own greedy, and I do mean greedy, enterprises is shocking and sad.
These are all my words, but I stick by them.
That private developers could twist this for their own greedy, and I do mean greedy, enterprises is shocking and sad.
These are all my words, but I stick by them.
- #4
russ_watters
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Discussed at length here: https://www.physicsforums.com/showthread.php?t=80066
What is eminent domain?
Eminent domain is the power of the government to take private property for public use, as long as the owner is fairly compensated. This power is granted by the Fifth Amendment of the US Constitution.
What is the Supreme Court ruling on eminent domain?
In 2005, the Supreme Court ruled in Kelo v. City of New London that the government can use eminent domain to take private property for economic development purposes, even if it is not for traditional public use.
What was the controversy surrounding the Supreme Court's decision?
The controversial aspect of the ruling was the broad interpretation of "public use" and the potential for abuse by local governments and developers. This sparked a debate on the balance between private property rights and the government's power of eminent domain.
Has the Supreme Court ruling on eminent domain been challenged?
Yes, there have been multiple challenges to the Supreme Court's ruling, including proposed legislation and state constitutional amendments aimed at limiting the use of eminent domain for economic development purposes.
How has the Supreme Court ruling affected eminent domain cases?
The ruling has made it easier for governments to use eminent domain for economic development purposes, but it has also led to increased scrutiny and public pressure on local governments to justify their use of this power. There have also been efforts to address the issue through legislation and other legal challenges.
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