Eminent domain Essay Example | Topics and Well Written Essays - 250 words

Eminent domain - Essay Example The right of the government to seize private property, is for public utility propjets like hospitals, schools, government t office buildings, parks etc. To have just laws is fine. What is important is the interpretation of the law needs to be just and the end use of the acquired land needs to be for just purposes. The wise saying goes, that eternal vigilance is the price of liberty. The implementing authorities may try to abuse eminent domain, but it is for the community to resist such ill-boding moves. When the State Government delegates the power to their political subdivisions, such as cities and counties, the chances of misuse of eminent domain is real. The saving grace for the American citizen is, as the author points out, â€Å"Constitutional rights carry a moral and symbolic power not shared by statutory protections.†(7) According to the 5th Amendment, â€Å"No person shall†¦be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.†(16)Thus the American citizen is protected by the abuse of eminent domain as he gets th e fair market value of the property. The federal and state governments often delegate the power of eminent domain to private corporation that are engaged in quasi-government functions, such as railroad and utility companies and they can acquire property through the process of condemnation. But without the power of eminent domain, no government can initiate large-scale welfare measures and public utility projects. Even before the American Revolution, colonies used the powers of eminent domain for construction of roads and