constitution


Eminent Domain Defined

Eminent Domain Defined

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Eminent Domain Defined

The views of eminent domain are applied to the Fifth Amendment of the Constitution which dictates that no private property can be taken for public use without compensation. This doctrine recognizes the powers that existed beforehand and the actions of it seizing private property for public use rather than establishing the property to a new power. The rule of eminent domain applies to the all independent governments, which in earlier years were not a part of a practiced law. 
It was not until 1976 that powers of eminent domain were recognized by the Supreme Court. It was the case of Kohl v. United States where the Supreme Court affirmed that eminent domain was a requirement to the applications of the National Government just as it was to the application of any State.
The Federal power of eminent domain has limitations expressed by the Constitution, where property may only be recovered for the benefit of a granted power. However, this rule applies to a number of objects that may be affected under national powers. Under the provisions of eminent domain, the rights of the National Government cannot be enlarged or declined by any State.
It is true that any land within a State is for the State’s purpose, yet if Congress authorizes the need for that piece of land or property, they have the right to issue recovery. They can do so either by proceeding with a hearing in the courts of the State, with the State’s agreement, or by proceeding within a court of the United States with or without a State’s consent.
Before the application of the Fourteenth Amendment, the ability to apply eminent domain to State governments was not limited by the Federal authorities. Moreover, the rightful compensation of the Fifth Amendment did not apply to the states. When the conditions of eminent domain first applied the measure of protection governed by the Due Process Clause of the Fourteenth Amendment, it was not applicable to states.
It was not until 10 years later that the Supreme Court ruled that the argument of compensation awarded to a State eminent domain case was not only applicable to local laws. The Supreme Court declared that even if a State Legislature may apply the procedure of private property for public use,  it is not the State’s right to declare due compensation for a private property recovered for public use.
The Supreme Court guarantees the compensation flow from eminent domain from two different sources, identifying that the cases of eminent domain should be reviewed by both State and Federal governments. The Supreme Court made it clear that the conditions of eminent domain will only be exercised by legislation and they have the right to extend this power to private corporations, such as public utilities as well as railroad and bridge companies, when it is in need of a valid public purpose.
The conditions of eminent domain expressed by the Supreme Court made it aware that recovering a private property was not the decision of the State Government. In order for the process to be clarified as a valid person, the case of eminent domain needs to be reviewed by the Supreme Court.

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