Eminent Domain

Eminent Domain

Eminent Domain is the right of a government or its agent to expropriate private property for public use. Eminent Domain is controversial because eminent domain violates the Fifth Amendment. The Fifth Amendment states “no person shall be held to answer for a capital or otherwise infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces or in the Militia, when in actual service in time of War or public danger; nor shall any persons be subjected for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself; nor be derived of life, liberty or property, without due process of law; nor shall private property be taken for public use, without just compensation.” The final clause of the Fifth Amendment protects basic property rights; the government can't simply claim eminent domain and take a citizen's property. Recent developments, however--most notably Kelo v. New London (2005)--have weakened the takings clause considerably. So the government is going against the Fifth Amendment by doing eminent domain. Utilitarian’s view the issue of eminent domain by seeing what majority wants. Libertarians view the issue of eminent domain by going against the natural rights, which are life, liberty and property. Communitarians view the issues of eminent domain by seeing what is best for the community. I am against eminent domain because it goes against the Fifth Amendment. I am also against eminent domain because people shouldn’t lose their houses just because the government wants another building like malls and banks. The government should think of a different location for that building instead of taking some ones house. Those are the two main reasons why I am against eminent domain. Some people that are against eminent domain are John McCain, Chuck Baldwine, Cynthia Mckinney, Bob Barr, Ralph Nader.