Sunday, July 8, 2012

Beware Of Political Misuse of Eminent-Domain



The use of the principle of eminent-domain has been usually used by governments for the purpose of acquiring private property for public use, such as road-building and essential public works.  When done, the U.S.Constitution requires ample payment to those whose property has been taken.

Unfortunately, the procedure has been misused in the past and will be misused in the future. In the past, it has been a means of taking private property on behalf of other private interests, such as real estate developers. That is not the purpose that has been generally acceptable.

Furthermore, there’s talk now by overly-ambitious government and politicians to use the procedure to take over property whose mortgages are in arrears, and award the property back to the homeowner. Without any further thought to rights or constitutional principles.

The proper principle, however, does not assure votes at the ballot box for politicians. (See the Earl J. Weinreb NewsHole® comments.)

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