Eminent domain is the power that the US government, states, and municipalities can use to acquire private property for public use while compensating the land with compensation. It is a right that the US government can use to usurp any private property in the US for public use while providing fair compensation that the property owner agrees with. Any property from airspace to land and intellectual property can be made public under the eminent domain right. In the legal issues where the owner is not fairly compensated or has no intention to give the property away, the government can be condemned for abuse and can be protested.
Eminent domain is the government’s right under the Fifth Amendment of the Constitution, under which the property is taken through condemnation proceedings. The owner can challenge the condemnation for a fair market value needed for compensation of the property. Common examples of condemnation are land and buildings that are needed to be used or replaced for public projects.
Eminent domain abuses
The government may require a property acquired by a citizen for the construction of a public project, which can be building highways, trade centers, parks, etc. Eminent domain can only be used for improving the city and making the property publicly available. But the citizens have reported the abuse of eminent domain by the big businesses. The big businesses are seizing the land of the citizens by promising more jobs and a boost in tax revenues. Seizing private property from citizens has become abuse. The people are enraged by the idea that such big businesses are condemning the homes and small businesses to promote private development. Several states have passed new laws to consider the demands of the citizens to prevent such eminent domain abuse.
What is inverse condemnation
When the government fails to provide fair compensation for private property, the owner of the property can reject the offer. The citizens can sue the government under inverse condemnation for taking the property without providing fair compensation. They have been used to address the problems of water pollution and environmental problems that are caused by the projects running under the government. For example, a property given to the government is now running an electrical plant, but the electrical utilities have been found responsible for causing economic damages to the locality by starting a wildfire. Similarly, any damage caused to the people by these projects from the government can be compensated under inverse compensation. The government will have to pay for the damages caused to the area by their projects if they are held and proved accountable for the damage.
While eminent domain is a right that the US government, states, and municipalities have to take away private property from citizens for public use, it is a complex right that works in favor of the citizens today. With the right awareness, a citizen can rightfully protect their private property from trespassers and such legal abuses.