Eminent Domain Research Writing

EMINENT DOMAIN

(PROFESSOR NAME)

(COURSE CRN)

(SEMESTER)

(DUE)

Table of Contents

Introduction…………………………………………………………………………………3

Definition…………………………………………………………………………3

History……………………………………………………………………………………………...3

The importance of Eminent domain……………………………………………………..4

The parameter of research study and the problem statement………………….4

Analysis………………………………………………………………………………………………………….5

Discussion Of the research findings , analysis and eminent domain as it relates to the

economy----------------------------------------------------------------------------------------------- 7

Conclusion ………………………………………………………………………………………………………………..8

References …………………………………………………………………………………………………………………10

Introduction

Definition

Eminent domain is defined as the right that the government possesses to acquire the

public property for the sake of public welfare with compensation. This compensation

is provided to the people who are displaced from their original locality. It is this right

that provides the government the power to acquire any property within their domain.

History

Historical underpinnings are more important to understand the evolution of this law.

The US supreme court heard the first ever case on eminent domain in 1876. It was at

that time it encountered the case against US eminent power to scrap landowners land

for building post office in Cincinnati, Ohio. The case was successful with respect to

eminent domain. After years, the Congress government wanted to acquire the lands

which will preserve Gettysburg Battlefield in Pennsylvania. This time the Supreme

Court gave a verdict that the government can use its eminent domain as far as it is

conditionally valid. This way the eminent domain got its green signal from Supreme

Court.

The importance of Eminent domain

Eminent Domain plays an important role in enhancing the quality of life for the

population in the greater sense. The land needed to build the infrastructure,

processing plants, nuclear plants and for other purposes that enrich people’s lives in a

broader sense. Sometimes, the use of eminent domain is seen in the case of service

sectors such as banking, post office, data center and much more which need eminent

domain as an aid in acquiring the lands. Sometimes a private player partnered with

the public would be in need of land so as to increase the foreign direct investment in a

country. This directly boosts the economy. Importance of eminent domain can be

further extended to all the sectors of an economy, be it industrial or manufacturing.

To summarize, it enhances the economy of a country and thereby provide a boost to

both local and foreign direct investment.

The parameter of research study and the problem statement

The main parameter o the study is to look into the effectiveness of eminent domain

using the 5 cases as a source of evaluation. There are two separate issues which are

both contrasting in nature that is addressed in the problem statement. The statement

is that though the eminent domain provides welfare to a larger public, it is sometimes

contrasting that the same public in a smaller fragment needed to be accommodated

for others. Though the country as whole gains from this eminent domain, it is the

smaller section of people who are very much affected due to this policy. This

problem statement is scrutinized in this research through our parameter of research

that has an analysis and discussion of the 5 cases related to eminent domain.

Analysis

Hawaii Housing Authority v. Midkiff

This case happened in 1984 where there was a state allowed the transfer of land from

the private to larger private residents. This raised the suspicion of whether the

eminent domain is exploited by the state officials to take granted or not. The verdict

which was given for this case was again supportive to the state legislature. It upheld

the act of state acquiring the private land from a small private group to larger private

residents. Also, the court held that it was done for the sake of larger public interest.

This created an opportunity to exploit the land by private players, where not even a

government was not involved in it.

Pros: Large number of population benefited from this eminent domain

Cons: Small number of private land was transferred causing stress to those family.

Bauder v. Delaware County

This is one of the most typical cases which got a victory over the eminent domain grab.

Here the owner named Scott and Kathy Bauder filed a petition against Delaware

county stating that the compensation which was provided ( 450000$) was not an

acceptable offer. Their private appraiser suggested a 1.2 million $ as a compensation

and they filed the same. After the judicial proceedings, the verdict dictated county to

pay 950000 as a compensation including the judicial proceeding fees. This is a turn in

the eminent domain grab case and obviously an unusual one.

Pros: The level of compensation was revised to an acceptable limit

Cons: Delaware has to pay a huge amount (According to it) as compensation.

Berman v. Parker

This case involves the judgment against those who sued in the court for their land

being grabbed to redevelop the blighted area. Court reiterated its constitutional clause

that the federal government is entitled with the power to eminent domain and that

they can b used to redevelop a blighted area.

Pros: The city, after being redeveloped got its aesthetics view with enhanced safety

measures

Cons: Poor people were to lose their homes

Norwood, Ohio v. Horney

This case validated their citizen's claims and gave a verdict that the economic growth

should not be the only criteria for a seizure of lands. The case got its momentum due

to the fact that the city made a move to seize about seventy homes so as to make a way

for private development.

Pros: The court upheld its verdict that the economic aspect should not be the only

reason for a seizure of property under eminent domain.

Cons: This gave a way to comprehend preceding cases which has verdict only with

respect to economic factor.

Julia Lemon v. Phoebe Putney Memorial Hospital

This case has an ethical dilemma in it. The State of Georgia made an attempt to seize

the property of Julie Montgomery who had rented it to a 93-year-old person named

Lemon for building a hospital. Though the court can uphold its justice by accepting

the eminent domain, it felt the need for ethical issues to be addressed.Hence the court

directed the State to pay a compensation of 4 times the market value along with a

compensation for that 93-year-old person for relocation. This proved that the

circumstances may influence the decision regarding eminent domain.

Pros: Both the owner and the 93-year-old rented person got compensation and the

owner got compensation worth four times the market value

Cons: Though the court behaved in an ethical manner, it did not keep its normal

eminent domain procedures up. It gave away for humanity.

Discussion Of the research findings, analysis and eminent domain as it

relates to the economy.

From the above 5 cases, it is evident that supreme court had tried to keep its position

uninfluenced. But due to many different and dynamic situation, it has to alter its

decision regarding eminent domain. From the perspective of the economy, it is very

clear that the eminent domain has an important place. Through the analysis, it can

be said that the eminent domain is both advantageous and disadvantageous for the

population as a whole. In the case of Julia Lemon v. Phoebe Putney Memorial

Hospital, it can be analyzed that the court made a decision in favor of the citizens who

were both weak and was in need of more compensation. In this case, the court gave

more compensation and had kept the humanity up. In the Norwood, Ohio v. Horney

case, the economic aspect was very much dealt in great depth. I said that the economic

factor should not be the sole criteria for using the eminent domain policy. Also in the

famous case of Berman v. Parker where the court upheld the validity of eminent

domain stating that the redevelopment was a necessary feature for the policy. By this

way, it has paved a way to the economic aspect of the country indirectly. At last, to

provide an example that the compensation for eminent domain has been revised is the

case of Bauder v. Delaware County. Here the compensation rates were revised and the

company has to pay a lot including the procedural fee. To summarize them, There

exists a complex web which is difficult to extrapolate where the economic relation is

possible. In some cases, the level of compensation is more whereas in other cases, it

mostly favors the market value for the eminent domain. The net result is inferred as

the overall development of the country in terms of economic growth is achieved.

Conclusion (Personnel)

From my point of view, eminent domain occupies the most important position in both

civil and political agenda. It enhances the sustainability of the political power as well

as provide a broad sense of public welfare.

But the way it has been applied today is unfair, both from the government as well as

from supreme court. Eminent domain is being exploited by corporate world for their

benefit. There many such instances where they apply this policy for their own use

thereby putting people in a position of uncertainty.

Conclusion (Analysis)

From the above five cases, it is very clear that the court stance on the eminent

domain is variable. In some cases, it favored or gave the opinion in favor of private

corporations. But there are instances where it gave away its decision for humanity.

Compensation is a very essential in the process of eminent domain policy Sometimes

the compensation which was provided as per the market value was revised later by the

supreme court. Compensation is a very essential in the process of eminent domain

policy. Also, the court has ruled that the economic criteria should not be the only

reason for using eminent domain.

Citations

“History Of The Federal Use Of Eminent Domain.”

The United States Department

of Justice

, www.justice.gov/enrd/history-federal-use-eminent-domain

“Berman v. Parker .”

Findlaw

caselaw.findlaw.com/us-supreme-court/348/26.html#.

“Norwood,Ohiov.Horney.”

Findlaw

caselaw.findlaw.com/oh-supreme-court/1078890.html.

“Julia Lemon v. Phoebe Putney Memorial Hospital.”

Prezi

prezi.com/qztdhczi8rmb/julia-lemon-vs-phoebe-putney-memorial-hospital/.

“Hawaii Housing Authority v. Midkiff .”

Findlaw

caselaw.findlaw.com/us-supreme-court/467/229.htm

“Bauder v. Delaware County.”

Dispatch

www.dispatch.com/content/stories/local/2013/03/12/950000-award-costly-precedent

-for-county.html.

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