Eminent Domain Use and Abuse - Essay Example

The paper "Eminent Domain Use and Abusee" is an outstanding example of an essay on law. Governments are empowered by the law to assume control of the private property for public use, thus constituting the eminent domain. However, in proclaiming eminent domain there are procedures that must be followed for a smooth proclaim (Levy, 2013). Firstly the government must declare a public need by identifying a scarcity in providing and accessing certain public services. Secondly, the government must prove that the intended public utility is of much value that the private utility. Thirdly, the government makes an offer to the owner for compensation. Finally, the government attempts to negotiate a fair value with the owner to purchase the property (Merriam and Ross, 2006).

In case the owner does not wish to sell on eminent domain, the government will file a court action in order to exercise eminent domain. The court will schedule a hearing in which the government must demonstrate that it tried to acquire the property in good faith and for public use but no agreement was reached. If the petition favors the government, the process of establishing a fair market value for the property takes place and the required payments are made. Either party may appeal the decision in case the owner of the property is not satisfied with the outcome or the government fails in its petition (Levy, 2013).

Government zoning, unlike eminent domain the government does not need to compensate the affected property owners. This is because zoning only entails restricting a certain area to a specific nature of utility. In addition, assuming control of a property through police power the property owner is also not compensated (Merriam and Ross, 2006).
In conclusion, two good examples of cases that demonstrate eminent domain are the Harvey Cedar v. Karan case where Harvey acquired a third of Karan’s property and constructed a 22-foot high dune and offered $300.00 compensation. The second case is Kelo v. The city of New London where the court agreed with the Connecticut Municipality to take the privately owned real property of Kelo and other families for a comprehensive development plan. Read More