Eminent Domain in the Media

The is a number of political comics related to the US and even England for that matter portray the abuses of eminent domain. Even television stars like Drew Carey are making it a point to show the abuses of eminent domain in California on a new website reason.tv or reason.org.

Think Tank on Eminent Domain from an Ethical Perspective

http://www.eminentdomaintoday.org/index.php?option=com_content&task=category&sectionid=5&id=32&Itemid=107

It states that since the landmark Supreme Court case of Kelo v. City of New London was extremely controversial and yet no one has looked at it from an ethical perspective, only a legal perspective. There as been a major misunderstanding in most cases since Kelo regarding the proper ethical behavior that should be associated with eminent domain. This think tank looks at something called descriptive ethics and normative ethics when analyzing cases. Descriptive ethics is the study of people's beliefs and morality, while normative is designed to describe a set of rules guiding and governing human conduct, or a set of norms of action.

Think Tanks

http://www.njeminentdomain.com/state-of-new-jersey-new-jersey-eminent-domain-think-tank.html

Some conclusions to the social problem of eminent domain in NJ suggested by an attorney since eminent domain has moved away from using the taking clause strictly for public use:
?Abolish the "project enhancement" doctrine
?Business damages should be included in just compensation
?Expense of litigation should be borne by the condemnor
?Compensation for emotion distress that results in being forcibly removed from one's home.

In addition, they require a extensive redevelopment plan which includes:
1.Require a redevelopment element of the municipal master plan.
2.Enhance planning content of redevelopment plans.
3.Provide greater public notice and enhanced public participation
4.Guarantee adequate compensation for property taken.
5.Provide more opportunities for public scrutiny in redeveloper designation.
6.Offer enhanced financial participation to affected property owners.
7.Guarantee enhanced consideration of historic and environmental resources.
8.Provide immediate clarification of "smart growth" criterion.
9.Improve relocation assistance

The Great Wall of Eminent Domain

Now of course this might be only one side of the story but it has pretty severe consequences if it is the complete truth. In 2006, Congress passed the Secure Fence Act. It is designed to prevent illegal immigration to the States along the Mexican Border. The government is now talk about using eminent domain to attain property along the Rio Grande, this means seizure of 1000s of acres. It doesn't stop there. The claim now is that property anywhere within a 2 mile distance North of the Rio Grande will also be seized. So any homes that are adjacent to the Rio Grande are being taken, at one point even a portion of a college was being appropriated. Students, teachers and faculty formulated a massive protest and eventually got the wall diverted.

http://www.examiner.com/x-2622-Pasadena-Community-Examiner~y2009m2d6-Offbeat-Oddity-Eminent-domain-isnt-just-for-freeways

Talk about how property rights are defined in America, Locke's influence, cultural resources, and other countries abusing and/or using eminent domain. Frame it in such a way where I am only covering a certain aspect of it.

Research 1.25.09

From what it seems to me, eminent domain has been applied to most societies from the days of the Bible to modern America. It was originally used for the sole purpose of appropriating property for public use, for instance, taking property from a family for the use of a highway, bridge and other governmental uses. The newest version is that of using eminent domain for the use of private use. This is bringing about the idea of eminent domain abuse. Governments are taking properties from owners and giving them to companies that have provided compensation to the government for the expropriation of the property. The companies are then in turn using the property for their own financial gain and there really is no "public" use.

Eminent Domain Abuse

I am a college student and I am doing a project on Eminent Domain Abuse for my Current Social Problems class. I am not a lawyer so I do not have any legal advice but I plan on working with property as a lawyer eventually. If you have any stories, interesting information, or just some great facts, please comment away.