What is eminent domain and is it right? The concept is very simple. It is something that is in place and has been used on several occasions. It is the right of the government to take personal property, while at the same time providing compensation for that property.
How Does Eminent Domain Work?
This is most often used with land property. Some that have never seen it in action will not fully understand. Here is an example. A highway is being made through a portion of town and one person is refusing to sell their land. Eminent domain gives the government the right to forcibly remove the occupant and cease their land. The government will, even in this case, provide compensation.
In its current use, there are a few positive things to be said for eminent domain. That one property holder from the example above may be holding back the progress of a necessary improvement to the city. At the same time, it is highly unfair that the other property holders did not hold out have gone their way only to watch one last person not do so. Each and every person that sold their land made the same sacrifices and it is unfair that one person can hold up the process.
How Does Eminent Domain Impact Areas
To remain in the positive area, most of the time this law is not used until the last possible moment. Many chances are given to a person to take compensation in various amounts and leave. It is not something that happens after two minutes of the arrival of the government. It is part of a process and in most areas that process involves a vote by the elected officials in the area.
The negative area is easy to see. Part of the Bill of Rights states that no person should be forced to quarter soldiers. That means that the army cannot force you to put some soldiers up in your house for the night. Eminent domain is almost an extension of that action. The government is taking the property and using it as they see fit. In most areas eminent domain simply showed up on the books and there was never a word said. It was not heard of in some areas until the government used it.
In order for this to truly become a positive action some would say that more controls need to be places upon the laws. It was a set of laws that was needed and enacted and then, as a result, many smaller government areas took advantage of it. The best way to move forward may not be to eliminate such things, but to make them more fair.
