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jodywy

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Eminent Domain
“WE the people, of the United States, in order to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, for ourselves and our posterity, do ordain and establish this constitution for the United States of America.
The Fifth Amendment states “nor shall private property be taken for public use without just compensation.”
Hello, I am Tenny Bagley from the Star Valley FFA chapter, and I am here to talk on Eminent Domain.
Eminent Domain, “the dominion of the sovereign power over all property within the state, by which it can appropriate private property for public use, compensation being given for it,” or in other words it means that land can be taken for schools public roads and postal routs with just compensation or payment for the private property, if the sovereign powers, or the votes of the people approve.
There are private property laws set up to protect people’s rights for land. Our founding fathers stated clearly in the Constitution that every man has a right to life, liberty, and property. The Supreme Court has made a ruling that has made it easier for others to use eminent domain. They stated after an uproar that they would not revisit the ruling.
Many states have rebelled against this ruling. The Supreme Court left it up to the states to either go with their ruling or change it to fit the states sovereign decision. About twenty states have already changed it back and are fighting the ruling.
Eminent Domain is not a new theory in the United States, or in the United Kingdom. In the middle ages the kings would take land from peasants and give it first to his posterity then divide the rest up and sort it between nobles. The nobles then in part would split it between their posterity and knights. One of the main differences in this day is we must compensate for the land.
This Country was founded on the dreams of men wanting to be free and as far away from a king as possible. They wanted freedom of religion, and life. They also wanted land and to use it the way they wanted. When this country was founded, only a man with land could vote. Land has always held a place in our society, there is only so much. To those who own the land, it means so much and to those who labor to get land and then are suddenly told we will pay you the base amount for your land and you can’t fight it, that’s what hurts.
Eminent Domain is legal in all books and in the constitution, but they changed it from “public use” to the “public purpose” and these don’t have the same meaning. Public use means for public access through private property for roads and such. Public purpose means more on the lines as hotels and condos and thing such as these that bring profit to the area.
We must protect our right to our land, to our private property. I am to inherit my fathers land, we own a small ranch with rich soil and good water rights, and I want to keep it and pass it on to my posterity. Even if it was just a house, that would be yours, wouldn’t you want to fight for it to? Wouldn’t you want to ensure your home, where you feel safe where you raised your children and family to always be yours, until the time you wish to sell or not?
“Today the Court abandons a long-held, basic limitation on government power. Under the banner of economic development, all property is now vulnerable to being taken and transferred to another private owner…,” Justice O’ Conner. What gives this other “privet owner” more right to have the land, just because they have more money, or because they are higher up on the political scale. I think that the land belongs to the rightful owner and if they do not want to sell, they should not be forced to sell out.
In the Kevo vs. City of New England case the city won. A young woman had just remodeled her home. There were about fifteen houses on a 1.45 acre lot. A few people refused to move, so the courts took up the case. This young woman fought for her home in the courts. In the end the decision was 5-4 to the city of New England which turned the land over to Pfizer. What pain that woman felt I can not imagine. To lose something that seemed to be truly yours lost in our court systems, which was made to protect us.
Pfizer is the most public case, where as Wal-Mart, target, homeDepo, and bed and bath and beyond have managed to remain under the radar while they use eminent domain to move into urban neighborhoods and take your home to build their stores and provide you jobs.
These cases have been all over the United States, and they affect many small private owners. The boundaries are set by those who demand our acceptance, and we are bent at their will through winding paths of torment and despair over events that are out off our control. Our legal systems were supposed to protect the minorities, but they have let the majorities march over those who call for their protection.
The slippery slope effect has begun. The snow ball has started rolling down hill and will pick up speed, and when it does who’s to stop it then. It started out for public use, now it’s for public purpose. It first started out for railways and postal routs, now it’s for Wal-Mart’s, casinos, and condos, what next?




WORK CITED
The American Collage Dictionary., C.L. Barnhart, editor in chef, Jess Stein, managing editor, “Random house, New York, The L.W. Singer Company, Syracuse
The Declaration of Independence, and the Constitution of the United States of America, “We the people” “Fifth Amendment”
Justice O’ Conner
WWW.FOXNews.com
http://en.wikipedia.org/wiki/Eminent _domain
http://www.rockportpilot.com/articles
http://www.pbn.com/stories/
http://www.washingtonpost.com/wp-dyn/content/
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