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Eminent Domain

The Strongest Criticisms of Eminent Domains

The Strongest Criticisms of Eminent Domains

The main issue that is dealt with on a community based scale is eminent domain abuse. Many will agree that eminent domain can benefit a community and its residents, even if those affected widely reject such a procedure.  In most cases, the structure being built, redeveloped, or created will benefit the entire population of that city or state. However, there are cases in which eminent domain, even if it is in the benefit of the community, will be criticized for the measures taken to acquire the property.
Eminent domain is suppose to be available to governments, whether local, state, or federal, to takeover a land to make room for a project that intends to be for public use. The issue of eminent domain abuse exists, when private business investors that are not granted the right to declare eminent domain, acquire this property through one means or another.
As unlikely as this seems, it does happen by simply moving around the eminent domain law, and by dodging the rules within their legal limits. One of these examples is when a sports team is purchased in a city where there is no stadium or arena to house the team. This of course, presents the case of where to build the structure within the city limits. Usually when there is empty land lots around the city or its suburbs, those would ideally be sought after first, but in some congested large U.S. cities, this land does not exist. How do you demolish existing residences and perhaps small businesses in order to build a stadium, without forcibly kicking the people in that area out? 
The answer is, the owners of such private investment companies make friends with a few politicians in the likes of city officials (perhaps with generous contributions). The city officials would press those existing residents to sell their home for eminent domain, and usually for a low market value and once they reluctantly deny, then they will use the power of eminent domain to get them to leave. This is when the community will step forward to criticize the improper use of eminent domain by city officials for a private business that will profit from the situation. Since the sports structure will sell tickets, food, etc.., they will cash in on the new structure while displacing citizens at a low cost. 
Particularly the structure, by having a sports team to represent them, may benefit the community in that it can raise the morale of other city residents. So perhaps the people outside of the proposed building site wouldn’t be as critical over the project, (except maybe in regards to raised taxes.) Despite this though, such a structure isn’t the same as a local government exercising the law of eminent domain to build a school-which is a non profit education center, so the aim would be completely beneficial to the public.
There are many issues that arise when eminent domain is declared by a government over a single home, blocks of homes, and small businesses. There is always going to be criticism and an unhappy group over the issue of being relocated, but if the aim of the project is for private profit and not just public use, the criticism will grow and angry displaced residents will fight against eminent domain abuse.

A Full Guide to an Eminent Domain

A Full Guide to an Eminent Domain

Eminent domain deals with the power held by a government to take over a property owned by a private person, for the purpose of public use. This can be for construction related to the building of schools, government buildings, airports, new roadways. It can also relate to simple things such as utilities, like a telephone wire, or running gas, power, or water lines through a property. The owner of the property is compensated by that government for their property, and the amount is subject to a fair market value. The property owner has the right to be notified with a sufficient amount of time ahead of the proposed action, as well as granted the right to a hearing. They can choose to accept the offer, and the compensation, or seek action in court to fight against the eminent domain cause given. The owner can also argue over the compensation amount if they do not agree with its fair value.

Background
The law of eminent domain has existed for quite some time to allow for the modification of existing areas to better fit the changing world of today.  This can be whether a community is in dire need of a new school, or perhaps recreational facility, or even a roadway leading into it. It also makes an effort in an attempt to be feasible with the property owner in compensating them for their property, as well as showing them what a benefit to the community their relocation would be. Eminent domain allows for government to redevelop slums, build new airports, facilities, and buildings necessary to improving an area, while doing so legally and justly. Given this right, governments have been able to make changes nationwide in the United States, in relation to a better quality of life for communities and its residents.

Legal Implications
The legal issues that arise with eminent domain relate to a conflict of interest or compensation between the owner and the pertaining government. The property owner can sometimes argue that the government in question does not have a reasonable cause to take over that land, or that the intended public use is not beneficial ,as defined by the law, to the general public, or solely to them.  This can happen when the use of the land will be for profit, or if the project proposed does not hold a true necessary benefit or use for that community. There is also a conflict when the owner is not compensated sufficiently for his land, below the fair market value. This can create a long and tedious court process, dealing with extensive real estate research and well experienced attorneys.

Criticisms
Heavy criticism lies on the side of those opposed to the use of eminent domain by the respective governments. This is a huge problem when private enterprises use state or city officials to exercise their power of eminent domain, for their proposed projects. This can happen in the cases of certain profitable (but also beneficial) sports facilities, shopping centers, stores, etc… Those relocated in cases from eminent domain will always present a disapproval of their forced move, but in these cases those numbers rise. The reason being that the property owners do not see the right of these private businesses to have them move simply because they want to construct their profitable projects on their land. In these instances, the general public may argue that there is an abuse of eminent domain laws by these companies through the officials. This can cause a greatly heated debate, as well as extensive court battles and other legal issues.

Lawyers
Eminent domain lawyers are essential to cases that pertain to the law being enforced on property owners. These lawyers are crucial to those seeking defense and those enforcing the eminent domain. (governments). Since public use is strictly defined under the law, the government must prove beyond a reasonable doubt that the land being taken over, is being used for the benefit of the general public primarily. They must also present that any compensation offered to the owner for their property is just and fair, as per the market value of the real estate. The property owner can hire the services of an eminent domain lawyer, if they see themselves forced out without a reasonable cause, or need for the government to take over that land. They can also use the attorney in a hearing to state their claimed value of the land, if an insufficient amount was offered as compensation.