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.
Related Topics
- Massachusetts Tenant Rights
- Quit Claim Deeds in Minnesota
- Oregon Tenant Rights
- Minnesota Landlord Tenant Law
- Concurrent Ownership Prenuptial Agreements
- A Brief History of Real Property
- Real Estate Investment Trust
- Obtaining Property as a Gift
- Quit Claim Deed in Virginia
- Michigan Landlord Tenant Law