Eminent Domain

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Social Issues


Written by:

Angela H


Date added:

December 15, 2016








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3 / 789


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This excerpt states that ''The Fifth Amendment to the Constitution says 'nor shall private property be taken for public use, without just compensation.' This is a tacit recognition of a preexisting power to take private property for public use, rather than a grant of new power.''160 Eminent domain ''appertains to every independent government...
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It requires no constitutional recognition; it is an attribute of sovereignty.''(NATIONAL EMINENT DOMAIN POWER) 160 This states that eminent domain is above the Fifth Amendment by the government. Some states first offer compensation for the property before the use of eminent domain but even though compensation is usually a part of this process, the amount paid to these people is far less than what the property is really worth but they must take it since the power of eminent domain will usually force then to give the property up no matter what...
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