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Essay / Research Paper Abstract
A 5 page overview of the implications of the 2005 Supreme Court Ruling that pubic use is served by the taking of private property for the purpose of private development. This paper presents both sides of the issue but takes a positive view of the process. Bibliography lists 3 sources.
Page Count:
5 pages (~225 words per page)
File: AM2_PPeminDm.rtf
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Unformatted sample text from the term paper:
local governments should be able to step in and take private property for the purpose of making it available for private economic development is predicated around the concept of public
interest. In theory, the publics best interest can be served by turning economically unproductive property into projects that would yield numerous benefits for the community. Communities who turn
to eminent domain in this context anticipate greater returns in the form of the property taxes they reap from the property, employment, tourism, and/or a variety of other benefits.
As might be expected, however, there two sides to this issue. There is also the side of the original property owner who is being forced to sell out.
The issues that emerge are controversial to say the least. Never-the-less, on June 23, 2005 the Supreme Court ruled in a vote of five to four that this increasing
form of governmental entry into private property affairs was justified. The thesis can be presented, therefore that:
The use of eminent domain to transfer property ownership from one private entity to another, when that transfer is expected to result in a greater benefit
to the community as a whole, is not a violation of the Fifth Amendment of the Constitution which specifically prohibits the taking of private property unless that taking is for
the purpose of public use. The problem confronting many of the communities that are turning
to eminent domain is rampant decay in their urban areas. In an article published in the Washington Post just the day after the Supreme Court ruling, for example, Washington
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