The government’s power to use
eminent domain has played a large contribution on how our country was developed
on the surface level. The use of
eminent domain has allowed the creation to build straight roads and highways
for efficient ways of transportation, supply water, construct public buildings
and establish parks. In the past, eminent domain has stirred up controversy and
to this day Americans still have a hard time excepting its power.
Eminent domain is defined as the federal government’s power
to acquire real property from private citizens. The negative perception due from the infringement on private
property rights is easy to grasp however, eminent domain serves a necessary
purpose. The government can only acquire the private property if it is going to
be used for the good of the public. The government is also responsible to
justly compensate the private property owner for the fair market value of the
property. This is stated in the Fifth Amendment of the U.S. Constitution, “nor
shall private property be taken for public use, without just
compensation.”
Throughout the twentieth century, the need for eminent
domain has been apparent. As the population in our country grows, the increase
of eminent domain projects does as well. For example, in the early decades of
the century updating modes of transportation like constructing railroads or
maintaining navigable waters were vital. It’s ironic now in the new millennium
we are facing similar projects.
The creation of the high-speed railroad in California is in
the works and is stirring up emotions throughout the state. In my personal
life, I have heard more complaints than excitement of the new project. The
complaints I have heard have come straight from the private property owners.
They are in battle with the government over their land. However, the government
is legally allowed to acquire their land under eminent domain because the high-speed
rail would be beneficial for the citizens of the state. It is stated that the train will run
from San Francisco to Los Angeles under 3 hours while traveling at speeds
around 200 mph.
It is interesting to learn all the ways eminent domain has affected
our personal cities and country as a whole. Without eminent domain we would not have the conveniently constructed
public roads, or public offices like the post office, or beautiful national
parks. At times eminent domain feels like an infringement of freedom but it is
always for the benefit of the citizens of the country.
California High Speed Rail Authority. Web. 11 Nov. 2013
"USDOJ: Environment and Natural Resources Division :
History of the Federal Use of Eminent Domain." Web. 11 Nov. 2013.
Diaz III, Julian & J. Andrew Hansz. Real Estate
Analysis: Environments and Activities. Dubuque, IA: Kendall Hunt, 2010.
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