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Pages:
3 pages/≈825 words
Sources:
3 Sources
Style:
APA
Subject:
Social Sciences
Type:
Essay
Language:
English (U.S.)
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Date:
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Topic:

Eminent Domain of Taking People's Private Property

Essay Instructions:

Scenario
You have just earned a managerial role within the city government, specifically a local housing authority. Your agency oversees a variety of housing and accommodation needs, and it maintains relationships with both state and Federal government offices.
During your first week in your new position, you receive an urgent request from a well-known advocacy group. The organization is concerned about the possibility of an eminent domain action by the city, and it is seeking information, examples, and analysis regarding this topic.
Instructions
Locate an example of eminent domain and prepare a 2-3-page business report that responds to the following points:
Provide a summary of what happened.
Regarding your example, do you think the action of taking the property is fair? Why or why not?
In general, should the government be able to take your property through the process of eminent domain? Why or why not?
Be sure to use correct grammar, spelling, punctuation, and APA in-text citations and references.

Essay Sample Content Preview:

Eminent Domain
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Eminent domain is the authority of the US government to obtain property owned by the public for community use, provided it provides just compensation to owners. The practice, which dates back to 1875, has seen the federal government acquire several private properties and utilize them to construct public building supply water, railways, highways, and border fences.
Summary of the case
Between 2017, January to 2020 August, the Justice Department, on behalf of President Donald Trump, filed 109 court cases against landowners to permanently seize their property (Harrall, 2019, pp. 647-649). President Trump had set out to build the US-Mexico wall along the southern border. Since the administration was not planning to construct the wall on the physical border with Mexico but within the United States borders, it meant that it would be built on land, most of which was private property in Texas. After identifying the land they wanted, they contacted private owners, informing them of their plans and giving them one month to determine if they would sell. Along the Rio Grande, in Texas, two-thirds of the land was privately owned by ranchers, farmers, businesses, and other private owners, translating to 4,900 parcels of land. Since a majority of them refused to sell, lawsuits were filed. Once they filed a Declaration of Taking in court and the government got the approval, it seized over three hundred acres of land by compensating people between 1,440 to 870000 dollars per acre (Harrall, 2019, pp. 647-649). Hence, the building of the border wall commenced as those against it litigated in court for better compensation.
Do you think the action of taking the property is fair? Why or why not?
In this case, I believe the decision to take people’s private property is unfair. The eminent domain process violated the constitutional requirement of “just compensation.” The 5TH amendment in the US constitution states that the government can acquire private property and utilize it to benefit the public only by fulfilling just compensation. However, in this case, once landowners refused to give up their lands voluntarily due to low compensation, the government would take the money, put it in an escrow account, and take the land (National Immigration Forum, 2019). They did not fulfill the primary guideline leaving landowners to fight in court while the government built a wall on their land. As a result, the poor had to contend with significantly low offers that could not sustain them.
Second, the eminent dispensation law requires the government to take the land for public use. The US-Mexico border wall was primarily built to offer security to Americans by keeping away illegal immigrants, drug traffickers, gang violence, and rapists; thus, it qualifies for public use. However...
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