Assignment
EMINENT DOMAIN- The 5th Amendment gives government the right to take someone's private property, after paying a "fair" price, whether the owner wants to sell or not. This is the power of eminent domain (ED) under the Constitution. The 5th Amendment says, "...nor shall private property be taken for public use, without just compensation." In recent years, the Supreme Court allowed a town to take people's property and then sell it to private developers who would then build stores, offices and other businesses. The town felt that it would provide much needed jobs to the citizens and improve the economy of the city. However, some on the Court said this is not a public USE; the public is not using the land. The majority on the Court, by a 5-4 vote, said that it is allowed because the taking was for a public PURPOSE. The minority said the Constitution says public USE which is not the same thing as a public PURPOSE.
1.What do you think?
2. Should the government only be allowed to forcibly buy your property if the government is going to use it, or should it be able to if whatever they do with it will benefit the community?
3. Or do you think the Constitution shouldn't allow ED at all?