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Eminent Domain ~ Abuse of Power? or Necessity?
I've been reading articles on EMINENT DOMAIN and in some cases the controversy and injustice that some of these articles refer to. When it comes to forcefully taking property from private land owners, the 5th Amendment to the Constitution states, "...nor shall private property be taken for public use, without just compensation."
Who makes the ultimate decision of what "Just" is? Some of the articles have shown Government entities taking property for pennies on the dollar, while some cases of Eminent Domain have gone to the Courts and favored the private Land Owner in terms of Value.
I can understand the use of Eminent Domain, when it applies to the "Benefit of the Public" and the private land owners are compensated fairly. When it comes to applying this Law causing a Land owner to lose their home and having a Large Corporation to take that Land because it would generate a "Higher Tax Revenue" doesn't seem right. That certainly doesn't seem like it benefited the Public. To me that shows benefit to that County's Tax Base.
The sad part of it was that after this big Corporation was taken all the way to the Supreme Court, the Company never did build anything and where all of the homes once were, is now just a big open field.
Jon Eliason ~ Pagosa Brokers Realtor® |
