Message #344682

[Reuben]

this is not too far off the subject...but, I totally disagree with this law...to me it is a no brainer...the majority of voters do not own large amounts of land nor do they own big enough business...so they are ok with this one...but I believe it is wrong for big business such as city or state to just take your property for the going price...I could agree with this if they gave me 3 or more times the rate because I did not want to sell or because of sentimental value or because it is a choice spot/ area for business...back before that rule folks wouldn't sell unless it was for a ridiculous amount of money...a lot of times we go from one extreme to another...

I am talking about "Eminent Domain"

The definition below...


The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property.

Federal, state, and local governments may take private property through their power of eminent domain or may regulate it by exercising their Police Power. The Fifth Amendment to the U.S. Constitution requires the government to provide just compensation to the owner of the private property to be taken. A variety of property rights are subject to eminent domain, such as air, water, and land rights. The government takes private property through condemnation proceedings. Throughout these proceedings, the property owner has the right of due process.

Eminent domain is a challenging area for the courts, which have struggled with the question of whether the regulation of property, rather than its acquisition, is a taking requiring just compensation. In addition, private property owners have begun to initiate actions against the government in a kind of proceeding called inverse condemnation.