Eminent Domain Rulings Are Frequently Term Paper

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Bright 83)

The utilization of eminent domain has been used to evict individuals to build malls, concentrated housing projects for both the poor and the affluent, and business parks, all of which presumably have higher property tax bases and therefore better serve the community where they are built than the homes that were there previously.

Having recently received a grant award, in the amount of 500,000 from the ACLU, Homeowners' Freedom, a 501 C3 organization dedicated to the assertion of property rights to owners intends to establish a legal defense fund for individuals who have received less than just compensation for property under eminent domain rulings. The fund will be budgeted thusly, 100,000 will be dedicated to the initial research and development that will be required to establish the names of injured parties and to advertise the service and screen potential former property owners. The remaining 400,000 will be set aside as a legal defense fund to assist in the litigation attempting to claim settlements for individuals who have lost properties.

The legal precedence will be applied to both the first and the second constitutional stipulations depending upon the case in question and the legal expertise of the attorneys retained to take on the government. The actions will be both individual and class action, depending on the research and the availability of cases. The service will be limited to lost homes, as apposed to lost businesses. Home owners who are still in the process of fighting eminent domain actions, will be offered limited legal assistance, based on need and funding availability. Individuals who receive settlements will be asked to donate a portion of the settlement, back to Homeowners' Freedom to assist in the development of a perpetual legal defense fund and potentially to grow the service. Clearly this service will be needed far into the future as many homes are lost, often in large blocks to developments that can only very loosely be titled "public.

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The program's success will be determined by the completion of 10 successful settlements within one year. The amount of money associated with the settlements is of little importance but it is hoped that individuals will seek and obtain at or $greater than 100,000 in claims per property and contribute 10-20% back to the organization to perpetuate the ability of the organization to sustain itself through subsequent years and continue to fight for the rights of individuals.

Fair market value ignores myriad different factors that influence the value of property; it fails to account for replacement of land and improvements, relocation and moving costs, costs to terminate and restart utilities and services, lost business revenue, squandered customer goodwill and reputation, and demoralization costs. (66) Given that the Public Use Clause provides an artificially low threshold for takings, the Court must reexamine the just-compensation doctrine to deter states and cities from the overuse of eminent domain. (68)

Talley 759)

Eminent domain is a reasonable assertion that has its place within the constitution. The purpose of it was clearly to make sure that public access was not unfairly impeded by private interests and that community development for education, roads, and city, state, county or federal buildings occurred in congruence with the growth of the entity. It was clearly not to allow some people to prosper over others, and to build malls, condominiums and saturated housing projects to feed the tax base of any community by making a few people wealthy enough to add to the bottom dollar. Eminent domain needs to be continually put in check, and individuals need not feel as if they have no power to fight government decisions or desires.

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