Eminent domain

 

 

At times, governments may need to acquire private property to be used for governmental purposes. For example, when the government needs property to build a new school or a firehouse, or to construct a road or freeway, it may need to acquire the necessary property from private landowners. The Takings Clause of the Fifth Amendment to the U.S. Constitution provides the government with this power. Private property can only be taken for public use. The Just Compensation Clause of the Fifth Amendment to the U.S. Constitution requires the government to compensate the property owner when it takes private property.

This process is called eminent domain

Find a story in the news about a case where the government took property from an individual and discuss whether it was legal or not. Share your personal thoughts on this practice.

 

Eminent domain

 

Eminent domain is a hotly contested topic in the United States. Typically, opponents see it as an unjust taking by the government, and supporters state it is needed to serve the public interest. This week, research a recent example of Eminent Domain cases or issues, and discuss the merits and implications.

Additionally, border walls and the construction of such walls is a highly polarized issue right now. Regardless of its merit, the topic does bring up an interesting legal question when using eminent domain. Discuss if you believe, based on the law, using eminent domain is allowable for the construction of border walls.

Lastly, have you or anyone in your family every experienced an eminent domain taking at the local, state or federal level? If so, what was the outcome?