The History, Process, and Concept of Eminent Domain in the United States

Eminent domain refers to the right of a state to confiscate private property for the public use, payment usually being made to the owner's compensation of their loss. In the Unites States, eminent domain is established in both the federal and state constitutions. The constitution controls the power of taking private property for public use by prohibiting exercising eminent domain without just compensation to the rightful owners of the property. Eminent domain history dates back to the colonial America's years when the government decided it would need to obtain property to help in establishment of places to aid in governance such courthouses, railroads, jails and other affiliated institutions. However, the industrial period in America was marked by a rise in commercial and manufacturing industries as well as other government institutions. This also led to the concept of eminent domain developing a newer, broader interpretation.

Today, the subject is one of the controversial issues, as a matter of fact, eminent domain elicits feelings of injustice particularly to private property owners whose property is confiscated. Nonetheless, eminent domain is not entirely a bad low to invoke. It can be used as a vital economic tool to transform places rife with poverty, crime and social ills into modern, safe, business friendly areas which not only create jobs but also generate revenue for the country. This is true for the United States of America which was able to grow significantly during the industrial revolution period. For instance, the railway system then, was built on land seized by the state under the eminent domain law, without which there would not be an efficient, functioning rail system in America. The process of eminent domain usually proceeds in this manner, if a body of government desired to acquire private land, it initially tries to buy the property at fair market price. If the owner of the private property doesn't agree a court petition is filed by the government body requesting to exercise their authority under eminent domain. The government has to argue out that the negations were well intended and that the use of the property is for public use and general welfare. Also the government has to ensure "just compensation" of the private land owner. This paper attempts to highlight case scenarios where eminent domain has been exercised looking at the results of such cases and thereby concluding on the role of eminent domain on urban development.

In the infamous Kelo vs. New London case, the Supreme Court approved eminent domain in furtherance of an economic development plan. New London, Connecticut, was experiencing hard economic times after its last major employer U.S Naval Undersea Warfare Centre closed down. Consequently, city leaders were in want of any kind of economic development. In 1998, the giant pharmaceutical firm Pfizer began a construction of a major research facility on the outskirts of New London. The development involved over 1,000 jobs in research and development fields which would revive the economy of the city. The court therefore used eminent domain to seize the land of several property owners who were adamant of giving up their property solely for the purpose of giving the land to a private developer to bring economic development to the city. The ruling of the courts in this case sparked public outrage from the public and fellow states.

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In 2010, Steve Doeung, a resident of Tarrant County filed a court petition against an energy company which planned to use eminent domain to install a non-odorized natural gas pipeline under his house. At the conclusion of the March 4 hearing, the energy company was granted permission to run the pipeline under Doeung's property. Here again it can be argued that eminent domain was used to take full advantage of someone for personal benefit of the company. However, while Mr. Doeung's case elicits feelings of sympathy, in a broader sense, one cannot fail to notice the advantages of the decision. Firstlv, natural gas is clean, economical, cheap, and efficient and can be used both at home and in industries. Additionally, Mr. Doeung was sufficiently compensated to enable him find another property and relocate and let the greater community enjoy benefits of natural gas and hence promote urban development. Another reputable case of eminent domain took place in New York, where a transportation company desired to construct additional revenue income sources after experiencing decline in income due to low railroad traffic. Penn Central Transportation Company desired to build their building on a historic building which would alter the landmark too much. The Supreme Court ruled against Penn Central Transportation Company, in short because the current use of the property was not harmed by government action.

They were not awarded any compensation and today the building remains to be an economic boon to the state. Historical landmarks are important because they bear a country's cultural, political and social past for the present and future generations. To alter a landmark would erase a country's history. In this case eminent domain was not used to benefit an individual company but to preserve the historical landmarks of a nation. While it is possible that Penn Central may have generated more income and employment for the state, the importance of preserving important historical landmarks cannot be overemphasized. While the concept of eminent domain has been abused -used by companies and legislators for selfish gains, it still remains to be an important tool. The necessity of eminent domain in question. I believe that eminent domain has undeniably led to great advances and developments of countries. Nonetheless the courts should prioritize public welfare and ensure a fair compensation for owners whose property is confiscated.

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