Wednesday, April 28, 2010

The 5th Amendment



The Fifth Amendment states, '[No person shall] be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.' It is for this reason that the final clause to The Fifth Amendment was added to the Constitution- to serve as a reminder that to value an individual is to value that person’s private property” (Fallon 37-39). This Amendment is a vital sign telling people to not take private property of others, and looking at this should remind us all that we have the liberty and freedom to keep as we wish. At a young age, most people are taught to respect the property of others, and are told to not borrow anything without the other’s consent. People see not only objects and items of use as property, but land as well. Nobody should be able to take land away from anyone, not even the government.


We could go by the first five amendments, especially the fifth, and have a say in what the government can or cannot do with our property. Some people plan to move a lot, so few are affected less than others are. On the other hand, millions of homeowners buy a home or acquire property with the dream of building upon the land they purchase. Others, along with building on top of their property, expect to cultivate their land and make room for businesses and workshops to expand in their work fields. Later on, they find out that the government had placed restrictions and limitations on the amount of land they could use, and being told that moving would be in the picture just after buying that land cannot be a pretty site. Not only to people buy homes or part time residences, but farmers all over purchase acres of land to graze off of and maintain a ranch or farm.

Personal Experiences





Hearing stories from people’s personal lives have affected me, especially with the growth of the new Dallas Cowboys Stadium.

Thousands of homes were uprooted in the process of building this new stadium in the middle of Arlington, Texas, and these people had no other choice but to obey the government. Experiencing this cruel and unusual punishment cannot be a pleasant experience, especially with the amount of memories and that were shared in its place.


Agreeing that their land should not be taken from them, Carol Segal had a problem as well. According to NewMax.com, he stated that the government “voted to take his land through the eminent domain process” and a developer with “political connections” would take care of it (“Eminent,” par. 2). This is another way of saying the government was taking his land, due to developers wanting to expand their options.




Carol Segal had just paid millions of dollars for his land, and now they wanted to take it from him. Carol had planned to build townhouses on the six acres of land he acquired in New Jersey, and he had the contract from the developer to prove it. I cannot imagine the amount of disappointment or hatred Segal probably felt at that moment in his life, and I believe he should never have had the chance to feel the way he did. Protecting the rights of property and homeowners is very crucial in this argument of abolishing the law of eminent domain, and the importance of this is giving them and the homeowners the choice in the decision.










Kelo v. City of New London

Citizens from all over the world have experienced this violent type of wrongdoing and believe this law should be prohibited. Not only do thousands of Americans and others agree with me, but their personal stories and personal experiences have affected them tremendously.





Imagine the home of your dreams became a reality all of a sudden and out of nowhere, the government wanted to create other buildings and construction in its place, just for the entertainment of others. Your home and your personal dreams were now vanishing and there was nothing you could do about it. Well, for Susette Kelo, this was not just something she imagined, but a plan that was turning into reality. “Over a series of private meetings and conversations with him, she had hammered the idea that Pfizer could become New London’s economic savior. A decision to build a research facility in the city would be akin to getting Macy’s to anchor a newly constructed mall, only on a larger scale” (Benedict, 40).


Susette had just bought a pink beach house in New London, Connecticut and just months late, Pfizer, the world’s largest pharmaceutical company, wanted to take that away from her. Susette’s battle against the board, otherwise known as the 2005 Supreme Court decision, Kelo v. City of New London, lasted for eight years. Susette was in awe, along with thousands of others, and after 8 years of fighting, she reluctantly won the battle.

Monday, April 26, 2010

What is Eminent Domain?

A lot of people hear or use this common misunderstanding of the word 'eminent domain' and don't actually realize what it means or know the true definition.




According to The American Heritage Dictionary, “eminent domain” is the right of a government to appropriate private property for public use, usually with compensation to the owner. Use of this policy to acquire people’s property and residences is very unjustified, due to the amount of complaints and protests coming from many citizens from all over. This cruel, familiar occurrence is exactly what the government is doing to tax-paying law abiding citizens right now in our community and other communities all over the globe.

Millions of people all over the country are being uprooted or taken away from their homes by the government, so that pipelines, buildings, or others sorts of construction can be built in its place.

Any person that owns anything, even outside of owning land or property, would come to an agreement with me when it came to the point where the government was stealing their belongings. “Indeed, about the only people who support the abusive practices are those who stand to benefit from it: local political officials, including big city mayors such as New York’s Michael Bloomberg; and planners and developers” (Russchmann and Nasiatka 28). This proves that basically the only people who support the idea of eminent domain are the ones working alongside the government, or the ones getting something out of it; mayors or citizens making a living.

Many people work very hard in order to get a good career and live in a nice home for their families and themselves, and the government giving them fair market value might just not be enough for these hardworking people.