Eminent domain refers to the inherent power of the state to seize a citizen’s property rights with due monetary compensation, but also without the owner’s consent. Usually this occurs if the property is being taken for governmental use, or for third parties who need it for public use or economic development. Your land can be taken for various reasons, such as public utilities, highways, railroads, or public safety reasons. Eminent domain must occur with a fair and just compensation, but some people still believe that it violates basic American rights.
What Could Eminent Domain Be Violating?
- Morality: The biggest reason for why people believe that eminent domain is abused is the fact that it is morally wrong to kick people out of their homes without their consent. No matter the reason, money doesn’t cover the memories and family establishment that many people feel they are losing. There have been various Supreme Court cases involving the morality of eminent domain; one famous case was about the government’s eminent domain to seize an entire neighborhood. Many times, the seizing of this private property is not for public use, but new homes and apartment buildings.
- Failure to pass reform: Many of these Supreme Court decisions that have ruled in favor of eminent domain have sparked outrage, but the act continues. Six states have still failed to pass any sort of reform, and cities in New Jersey and New York are still creating new mega-businesses while destroying private homes for the space needed.
- Funding: Many of these rev-development projects are funded through the state, but many are also given federal grants. These grants will include multi-million-dollar payments that just help to speed up the process of eminent domain, instead of slowing it down in cities and towns where homes are being taken.
Government entities will try hard to take advantage of individuals through eminent domain abuse, but thankfully you can file a lawsuit based on your constitutional rights being violated. Contact the Spevack Law Firm today for a free consultation if your home is being seized.
