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Civil Liberties and Eminent Domain Cases Essay

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Updated: Jun 4th, 2021

Introduction

The US Constitution guarantees the preservation of all US citizens’ civil rights and freedoms. One of such liberties is the right to have private property. However, the government leaves the right to take private property from the individuals for the benefit of the country, which is provided by eminent domain. According to the Constitution, the only legal way for the government to take private property is under the conditions of particular cases and guaranteed just compensation. Recently, the number of cases of misinterpretation of such government’ power imposing an issue of eminent domain abuse has increased. Improper use of eminent domain by the government is anti-constitutional and should be regarded as a violation of citizens’ civil rights.

Main body

An example of the governments’ misuse of its power is the 2005 Kelo case when a family was deprived of their land in favor of another private agent. Such a decision of the city was grounded on the fact that there would be more benefits for the city when the land is used for business purposes. In this case, the Constitution, which is supposed to protect the rights of the American citizens, was used against one through manipulations with law. It means that no one is protected and people live under a constant burden of risk to lose their property. Moreover, the term “just compensation” is not clearly defined and might differ depending on the government’s or an individual’s point of view.

Conclusion

Therefore, the American system for eminent domain is unfair and is reasoned by the interests of business entities or privileged individuals that imposes a more severe problem of inequity. The citizens are deprived of the right to have the private property under the burden of the government’s omnipresent benefit. It is vital to eliminate eminent domain abuse to prioritize civil liberties over governmental profit.

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IvyPanda. (2021, June 4). Civil Liberties and Eminent Domain Cases. Retrieved from https://ivypanda.com/essays/civil-liberties-and-eminent-domain-cases/

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"Civil Liberties and Eminent Domain Cases." IvyPanda, 4 June 2021, ivypanda.com/essays/civil-liberties-and-eminent-domain-cases/.

1. IvyPanda. "Civil Liberties and Eminent Domain Cases." June 4, 2021. https://ivypanda.com/essays/civil-liberties-and-eminent-domain-cases/.


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IvyPanda. "Civil Liberties and Eminent Domain Cases." June 4, 2021. https://ivypanda.com/essays/civil-liberties-and-eminent-domain-cases/.

References

IvyPanda. 2021. "Civil Liberties and Eminent Domain Cases." June 4, 2021. https://ivypanda.com/essays/civil-liberties-and-eminent-domain-cases/.

References

IvyPanda. (2021) 'Civil Liberties and Eminent Domain Cases'. 4 June.

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