According to Wikipedia: "In the US, eminent domain (ED) first became law via the 5th Amendment and, to a lesser extent, the 3rd Amendment to the US Constitution. During the Revolutionary War, due to a lack of facilities such as tents, soldiers forcibly sought housing in whatever homes were near their military assignments. The 3rd Amendment was enacted in 1791 as part of the US Constitution's Bill of Rights. It provided that the quartering of soldiers on private property could not take place in peacetime without the landowner's consent. It also required that, during wartime, established law had to be followed in housing troops on private property. Presumably, this would mandate "just compensation", a requirement for the exercise of eminent domain in general per the 5th Amendment to the Constitution. In addition, all US states have legislation defining ED procedures within their respective territories.[2]
The most common reason ED is exercised in the US is for building new or larger roadways, airports or government buildings."
You are correct that ED has been around for a while. I however, was more speaking to the Leftist dictator style ED such as brought up by this blog entry...
This power reposes in the legislative branch of the government and may not be exercised unless the legislature has authorized its use by statutes that specify who may use it and for what purposes. The legislature may so delegate the power to private entities like public utilities or railroads, and even to individuals for the purpose of acquiring access to their landlocked land. Its use was limited by the Takings Clause in the Fifth Amendment to the U.S. Constitution in 1791, which reads, "...nor shall private property be taken for public use, without just compensation". The Fifth Amendment did not create the national government's right to use the eminent domain power, it simply limited it to public use.[5]"
We already have eminant domain...it's been here since the birth of the nation, so it won't be an Obama change :)
ReplyDeleteAccording to Wikipedia:
ReplyDelete"In the US, eminent domain (ED) first became law via the 5th Amendment and, to a lesser extent, the 3rd Amendment to the US Constitution. During the Revolutionary War, due to a lack of facilities such as tents, soldiers forcibly sought housing in whatever homes were near their military assignments. The 3rd Amendment was enacted in 1791 as part of the US Constitution's Bill of Rights. It provided that the quartering of soldiers on private property could not take place in peacetime without the landowner's consent. It also required that, during wartime, established law had to be followed in housing troops on private property. Presumably, this would mandate "just compensation", a requirement for the exercise of eminent domain in general per the 5th Amendment to the Constitution. In addition, all US states have legislation defining ED procedures within their respective territories.[2]
The most common reason ED is exercised in the US is for building new or larger roadways, airports or government buildings."
You are correct that ED has been around for a while. I however, was more speaking to the Leftist dictator style ED such as brought up by this blog entry...
Food for thought... Only time will tell.
More Wikipedia:
ReplyDeleteThis power reposes in the legislative branch of the government and may not be exercised unless the legislature has authorized its use by statutes that specify who may use it and for what purposes. The legislature may so delegate the power to private entities like public utilities or railroads, and even to individuals for the purpose of acquiring access to their landlocked land. Its use was limited by the Takings Clause in the Fifth Amendment to the U.S. Constitution in 1791, which reads, "...nor shall private property be taken for public use, without just compensation". The Fifth Amendment did not create the national government's right to use the eminent domain power, it simply limited it to public use.[5]"
"I however, was more speaking to the Leftist dictator style ED such as brought up by this blog entry..."
ReplyDeleteAnd do you seriously think that is our (distant) future? Really? Even with the limits set forth in the Constitution that you list in your post above?
I would hope not, but these days I wouldn't be shocked, no...
ReplyDelete