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Create a 2 page essay paper that discusses Eminnent Domain: Do you agree with changes made to emiminent domain.Lately, this issue has elicited heated debates as to whether the changes in this Act are
Create a 2 page essay paper that discusses Eminnent Domain: Do you agree with changes made to emiminent domain.
Lately, this issue has elicited heated debates as to whether the changes in this Act are oppressive or not. On one side, a section of people affirm this proposition while on the other, another portion vehemently oppose. However, this paper asserts that eminent domain is fair because it is practiced within the confines of the law.
Contrary to what is often portrayed eminent domain does not necessarily deprive one of their properties. There tends to be a misconception that once the government intends to take up a property for public good, the private owner will not be adequately compensated. However, Epstein (p.23) argues that eminent domain does not entail underpayment or deprivation of a property. Instead, the state has to compensate adequately the property owner as per the market value. That is to say, the property owner could afford another property of a similar value at the compensated price, if not lower.
Besides, there has to be concrete evidence that the intended use of the property will indeed benefit the larger community. When a private property is in existence, only the owner benefits from it unlike when used for public use. Whereas it is everyone’s right to own properties, when the compensation plan is both prompt and just, seizing it for the benefit of the greater community ought not to be viewed negatively. In fact, in many cases the property owners are handsomely compensated meaning they can buy another property and continue living their lives as before. The US Government Accountability Office (GAO) details that the first step entail availing a formal offer to the property owner followed by negotiations. This means that both parties have the chance to discuss the proposal without the state intimidating the property owner. Once the negotiations are completed, “authorities may provide relocation assistance that may include monetary payments to cover moving expenses” (GAO p.5).
Some might contend that the constitution lacks
