Individual Property Rights vs Eminent Domain Essay -- Government Publi

Individual Property Rights vs Eminent Domain These days there have been many issues surrounding the topic of private property and eminent domain. I feel that eminent domain is a good way to keep the needs of the community and each person’s individual property rights balanced. Even though I believe individual property rights are more important that the needs of the community, I also believe the government sometimes has to take that property away for the better good of the community. At the same time I also understand how people feel when they talk about â€Å"NIMBY† (not in my back yard), and also about their personal needs. Let me take you back into the history of the American land. After the 18th century, Americans turned their backs on the old ideas of the Puritans. The Puritans believed in the population acting within the religious ways of the times. These new settlers had a very different idea in mind. They were going to claim this land anyway they could. This brings us to Cronon’s argument in Bounding The Land. It is referring to the different beliefs on land ownership between the English colonists and the Native Americans. The English believed that the Indians squandered the lands natural resources and that they have no natural right to the land. Indians did not own the land, but only used, and lived off the land’s resources. They only owned what they made and grew, and that was enough for them. But it certainly wasn’t enough for the English. They wanted to control the land using the technique of â€Å"ownership or private property†. That was the problem with Indian pro perty rights. They didn’t consist of any ownership or sovereignty. They had largely different perspectives on the ownership by the community and the individual ownership. Because of these large differences the English decided to take full control of the land. When they came to colonize they basically took the land from the Indians. The only land that was rightfully the Indian’s was the land that was given to them by the English. What the English were doing bring us to the concept of eminent domain. Eminent domain is the moral groundwork by which government acquires private property through compulsory purchase. The idea holds that to advance the greater welfare of the public, government must be able to use land and other private goods to which it would not otherwise have access. It is de... ...y can be condemned, often by a wide variety of articles, as long as those articles are first given that authority by the legislative body. Second, private property may be taken for public purpose, a concept that has multiple meanings, so long as just compensation is provided to the private property owner. Third, private property owners are offered statutory protection from the random condemnation of property under principles of necessity and greatest public good with the least private injury. Finally, these cases provide a glimpse into the judiciary's interpretation of laws designed to protect the public. The courts have defined concepts governing public use, due process, necessity, and just compensation. They have also demonstrated their respect for legislative authority by recognizing and upholding the understanding that eminent domain is under control of the legislative body. Central to the evolution of the eminent domain statutes was the knowledge that condemning private prop erty for public uses still required compensation, still required a legitimate purpose, and still required adequate protections for private property rights. Foot Note 1. Encarta Encyclopedia Dictionary