Eminent Domain: Does the government have the right to take your property for private use?
Q. Just about everyone knows that under a process called eminent domain, the government can (and does) seize private property for public use - to build a road, a school or a courthouse. But did you know the government can also seize your land for private use if they can prove that doing it will serve what's called "the public good"? Cities across the country have been using eminent domain to force people off their land, so private developers can build more expensive homes and offices that will pay more in property taxes than the buildings they're replacing. Under eminent domain, the government buys your property, paying you what's determined to be fair market value. Please respond with your opinion on this issue. Any feedback is… [cont.]
Asked by p f - Fri Sep 21 11:01:00 2007 - - 7 Answers - 0 Comments

A. As of now, yes there was a supreme court ruling on a case in New London, Ct. where the city took land for a commercial development under the "public good" premise of rehabilitation. I think it sucks.
Answered by joe s - Fri Sep 21 11:07:02 2007

Where can I find articles supporting eminent domain?
Q. I need articles supporting eminent domain, so if you could either give links, or places to look that would be great!
Asked by Dark Clouds - Thu May 4 20:27:20 2006 - - 1 Answers - 0 Comments

A. It is going to vary by state, but if you look up your state's laws, (they should be online) then you can find a section of your state law concerning eminent domain. If you had a state listed, I could have located it for you, but since laws vary from state to state, I can't do more than tell you where to look.
Answered by Southern Belle - Thu May 4 22:05:57 2006

Is there any books out there for the benefit of eminent domain?
Q. Is there any books out that are for the use of eminent domain, and what are their names? Thanks everybody!
Asked by atlwangsta14 - Wed Feb 24 00:45:04 2010 - - 1 Answers - 0 Comments

A. Check Amazon and do a search. Also, call the reference desk at your local library tomorrow.
Answered by You asked so... - Wed Feb 24 01:30:34 2010

eminent domain?
Q. what are the pros and cons? i know its good if it rebuilds for the community and bad if it takes your house which has history etc... what else though? can anyone explain this controversy in greater detail??
Asked by NotMeorYou - Thu Apr 10 23:58:03 2008 - - 1 Answers - 0 Comments

A. Eminent domain is supposed to be used only on behalf of the community, as you say. But there have been a few recent cases where private property of high value, e.g. a waterfront parcel, was taken by eminent domain and then sold to a developer, instead of being used for a legitmate public purpose. It can easily be abused by a corrupt administration.
Answered by frediwhite@verizon.net - Fri Apr 11 00:20:04 2008

What are the cons to eminent domain?
Q. Basically why is eminent domain bad, is it fair, and arguments against people who support eminent domain. Thank you.
Asked by dave - Mon Feb 18 12:14:44 2008 - - 5 Answers - 1 Comments

A. Under current Supreme Court doctrine, the biggest con is that the government can take your property so that another private citizen can develop it. Previously, it was only used when the use was for a public or government-supported project. Now, if it is determined that the benefit of the private project would accrue to the community, it can justify a taking. I am very opposed to this sort of activity. If private people or companies want to acquire your property, they should have to negotiate with you, and nothing should force you to sell if you don't want to. The other con that has existed since the doctrine was first developed is determining what a fair payment is when your property is taken.
Answered by Gen. Stiggo - Mon Feb 18 12:24:35 2008

Where is the law that allows corporation to take your house under eminent domain ?
Q. Why is a corporation even have the right to take someone's house under eminent domain, isnt this just abuse of this doctrine ? If i was able to find it on google i wouldn't ask it here .
Asked by IRunWithScissors - Mon Sep 4 19:30:26 2006 - - 5 Answers - 0 Comments

A. Corporations cannot. Only a city, county or state can. The process is simple. The city council, or county board, or state legislature votes to take a property by eminent domain. The property is appraised and the owner paid the appraised value. Sometimes the owner is offered a little bit more, as incentive to move out quickly. Once the city/county/state has claimed the property, they can then vote to do anything they want with it, subject to their local/state laws. That includes selling it to corporations. The Supreme Court holding in Kelo v. New London last year only said that determinations of what constitutes "public use" are to be left up to the city/county/state legislature, and not determined by the courts.
Answered by coragryph - Mon Sep 4 19:33:04 2006

Has economic development in Brooklyn been hampered by the use of eminent domain for a Nets stadium?
Q. Perfectly good housing units have been destroyed and there is one lone holdout in a high story condo building who has been fighting the eminent domain for eight years. Should eminent domain be used for purposes such as this, or is this an abuse of basic property rights of American citizens?
Asked by Pascha - Sun Nov 29 10:56:13 2009 - - 3 Answers - 0 Comments

A. The use of eminent domain for a private, not government, project is totally and completely wrong. If a developer wants the property, they should pay for it not at a rate that is so called fair market value, but at a price that the property owner will accept. If the property owner does not want to sell at any price, then the fact is that the developer should not have the right to force them to do so. The simple fact is that eminent domain should only be used as a last resort, and only for government projects necessary for public health, safety, or transportation.. These would include things like roads, fire stations, and the like. This would not include "urban renewal" projects that force out existing owners to "improve" the city, sports… [cont.]
Answered by fire4511 - Sun Nov 29 11:59:19 2009

Was the latest eminent domain ruling by the Supreme Court the right one?
Q. It seems to me the most conservative ruling would have been to give the right of eminent domain to the states and let them decide their own rules. Living in California I certainly don't want someone in Florida or New York deciding for me. This is not an issue the Supreme Court should have to deal with given they style of federalist government in the US, is it?
Asked by canukinsocal - Mon Jan 30 18:14:36 2006 - - 4 Answers - 0 Comments

A. The ruling is flawed, but I think so for different reasons. Eminent domain should be used for things that are prima face the people's - schools, hospitals, roads, things like that. Taxpayer dollars have no place in supporting private industry. Individual rights should be sacrosanct from corporations and government. Oh, and about paying fair value, as stated above? In the case this ruling was based on, the New London Development Corporation wants to pay residents based on value they held in 2000, rather than present value because that's what the original offer was.
Answered by Cat In The Sink - Mon Jan 30 18:26:52 2006

eminent domain/foreclosures nationwide is there a connection?
Q. Please no bashing,it is so uncouth. Does anyone here remember about 2-3 years ago there was a big brooha over eminent domain all over the nightly news for about 2 days then silence. Do these massive foreclosures have a tinge of eminent domain or am I being a typical white woman?? If I AM on the right track any and all links would be greatly apperiated. Thank you in advance for your answers.
Asked by ITSME - Thu May 29 13:02:23 2008 - - 1 Answers - 0 Comments

A. Foreclosures remind me of 25 years ago when I drove through a subdivision and saw house after house standing wide open after the owners "walked the note." I'm not sure why you'd be worried about eminent domain. To my knowlege, that is a government option that is done for right of way issues and condemnations.
Answered by Puller58 - Thu May 29 13:10:37 2008

What is eminent domain and what does it cost?
Q. What arguments would be used for it or against it? This is for my daughter's middle school project in which they have to write a bill for a mock hearing in the house or senate.
Asked by sidebysidek9 - Thu Jan 26 21:19:20 2006 - - 2 Answers - 0 Comments

A. The government has the ability to take your property, but under the Constitution must give you reasonable consideration for it.
Answered by Michael T - Thu Jan 26 21:22:50 2006

Is any part of a court awarded eminent domain payment taxable as ordinary income?
Q. Land was taken. Taking gov agcy pays a lowball deposit. Jury awards a figure exceeding deposit, statute says "interest" running from date of take on the undeposited proceeds is also to be calculated and due recipient to date of final payment. IRS treats award amt as cap gains. Is the portion received by land owner called "interest" truly interest income, taxable by feds at higher ordinary income rates, or just an added part of the award taxble/treatable same as basic award figure.
Asked by sashayeltsin - Wed Jun 4 05:45:06 2008 - - 2 Answers - 0 Comments

A. From the tax perspective, a taking by eminent domain is a sale of the property and is treated as any other sale. If you realize a gain on the sale, the gain is potentially taxable. If it's your principal residence you may be able to exclude all or part of the gain from tax if you lived in it for 2 of the 5 years immediately prior to the sale. If you file as single, the exclusion is $250k. If you file jointly, the exclusion is $500k. If you owned it for less than 2 years you may be eligible for a partial exclusion of the gain in this case.
Answered by Bostonian In MO - Wed Jun 4 05:58:06 2008

Does Eminent Domain Apply To Responsibility For Gulf Of Mexico Environmental Disaster?
Q. When several states are effected commercially, ecologically, and financially, is it the federal responsibility to address the disaster?
Asked by ClaytonJ - Wed Jun 9 14:58:44 2010 - - 1 Answers - 0 Comments

A. Eminent Domain laws do not apply here. No government responsiability here. It was a private company that caused this problem they should be held liable and required to pay and conduct the clean up.
Answered by Jan Luv - Wed Jun 9 15:02:27 2010

Should private land be able to be taken for military use through eminent domain?
Q. There are a lot of conflicts about eminent domain being used for community development, but should people be put out of their homes for military use of their property?
Asked by oohhbother - Fri Jul 4 11:53:45 2008 - - 9 Answers - 0 Comments

A. With all the empty military bases sitting around the Country, there's no reason to take anyone else's land.
Answered by Leo M - Fri Jul 4 12:00:21 2008

What interest groups either support or condemn Eminent Domain?
Q. I need to name a couple of influensial interest groups for or against Eminent Domain for an Ap Gov, but i can't find any,
Asked by andrew k - Sun May 18 01:41:02 2008 - - 2 Answers - 0 Comments

A. International Economic Development Council, a trade association representing development and redevelopment organizations and agencies is for eminent domain. Reason.org is against it as are most property owners.
Answered by trybeingobjective - Sun May 18 01:51:50 2008

Why doesn't the Government use Eminent Domain to seize abandoned houses?
Q. That way, they could sell them to the poor and homeless for $1 to help them get on their feet.
Asked by A Boot Stamping A Face Forever - Tue Feb 24 09:51:41 2009 - - 11 Answers - 0 Comments
What will Kantianism say about eminent domain laws?
Q. Does this theory agree or disagree with eminent domain laws? Either way, why?
Asked by LaZy - Mon Dec 7 11:45:49 2009 - - 1 Answers - 0 Comments

A. "what's ours is ours...and what's yours is ours. Now we're TAKING your ranch so pound sand!!"
Answered by Minski - Mon Dec 7 15:55:01 2009

a good outline for a Eminent Domain reseach paper?
Q. I'm writing a paper on Eminent Domain and I need a good outline for it. Any suggestions?
Asked by Lindsey G - Tue May 1 23:57:50 2007 - - 1 Answers - 0 Comments

A. Use an example of how unfair eminent domain can be to the individual, then explain why eminent domain is important for the progress of our nation as a whole, why the needs of the many outwiegh the needs of the few. Close it by saying it is a right the government must execute carefully and with justification in all cases.
Answered by l3ubbathedog - Wed May 2 00:08:23 2007

What are good reasons why eminent domain is wrong?
Q. i need a few good reasons for a position paper.
Asked by amyk - Wed Feb 13 22:06:27 2008 - - 8 Answers - 0 Comments

A. Eminent domain gives a city the power to take private land and use it for the public good, as long as the private land owner is properly compensated. The problem (wrong) arises when "proper" compensation limits the private land owner. For instance: The city pays home owners in a part of town with low-housing costs. The city plans to put in a new housing development in the hopes of attracting higher-income families. The previous owners are compensated for their home (in some cases, paid more than what their home was valued). Sounds good. But, the problem is said former owners can't afford housing in the new development so are forced to move elsewhere (perhaps away from jobs and whatnot).
Answered by brineshrimp1 - Wed Feb 13 22:16:22 2008

Why was the eminent domain law created?
Q. I personally don't fully agree with this law, but I am very curious as to why we have this law. So if anyone knows the answer please enlighten me!
Asked by cladisastar9 - Sun Jan 27 00:11:27 2008 - - 6 Answers - 0 Comments

A. Eminent Domain as it is applied in America goes back to English law. In England prior to about 1600 the King had, at least in theory, the power to just take any land that he wanted. In 1606, however, "Dobbie's Case" came through the High Court. Dobbie owned a saltpeter mine, and the King needed a LOT of saltpeter to make gunpowder. Dobbie lacked the capital (In a time before things like bank loans were common) to expand his mine, so the King offered to buy it. They couldn't settle on a price, though, and in the end the King lost patience, and just took it. Dobbie appealed to the courts, and it went through the circuit court, the court of appeals, and finally to the Law Lords (the English equivalent to the Supreme Court) In the end,… [cont.]
Answered by rickinnocal - Sun Jan 27 00:40:19 2008

What are the two sides to eminent domain?
Q. The government's reason for doing it? The benefits? I should have been more specific. Does the government tell the public that there is a beneficial reason for declaring eminent domain? If so, what is it? Or do they just go, "I'm taking your land. Nuts to you!"
Asked by Astrid79 - Fri Oct 27 18:15:23 2006 - - 6 Answers - 0 Comments

A. On the philosophical level, government should have a right to obtain property, provided the owner is properly compensated, for the greater good of the majority, improving the economy, providing roadways, railways, bridges, creating parks, national landmarks, forests, etc. On the realistic side, there is danger of catering to business interests while undercompensating private property owners. Supposedly, through eminent domain the individual's righjt to his property is sacrificed to the benefits for the majority.
Answered by seversdatter - Fri Oct 27 18:25:19 2006

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Mother Jones The company invokes a Nebraska state statute to threaten eminent domain should homeowners turn down their offer of financial compensation for agreeing to ... Canadian Oil Company Bullies American Landowners It's Getting Hot In Here (blog) TransCanada Threatens To Seize Property For Oil Pipeline Capital.gr (press release)
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