The power of eminent domain in the United States of America

Résumé du document

Since its self-declared independence in 1776, the United States of America has always shown its will to become a grand nation. To fulfill this dream and set itself up as one of the greatest powers in a various domains on the international scale, it has gone through centuries of expansion. As a step towards this development, the massive urbanization of the 20th century has created new needs that the United States had to address. In urban areas, growth and expansion often result in the need to establish, enlarge or improve public buildings, roads, parks and services. And to achieve these goals, public agencies some times may need to acquire privately-owned property. In the United States, this can legally be done thanks to the power of eminent domain. The term "expropriation" is synonymous with eminent domain but is used with regard to jurisdictions that do not pay compensation for the confiscated property.

Extraits

[...] The Power of Eminent Domain in the United States of America Introduction Since its self-declared independence in 1776, the United States of America has always shown its will to become a grand nation. To fulfil this dream and set itself up as one of the greatest powers in a various domains on the international scale, it has gone through centuries of expansion. As a step towards this development, the massive urbanisation of the 20th century has created new needs that the United States had to address. [...]

[...] Every time the power of eminent domain is exercised, the expropriation has to be approved by an elected body.[6] At the lowest level, the local circuit court will represent this authority. We will see later on that cases can be brought higher in the hierarchy of the American judiciary system.[7] The Amendments to the Constitution of the United States apply to the whole federal state, but each state has its own specific legislation in matters dealing with the power of eminent domain. [...]

[...] Knowing that the United States is a capitalist-oriented society, that is to say, in loose terms, a society whose laws are designed to protect one's enterprise and let its citizens enjoy his money the way he wants, we could legitimately imagine that any owner has rights to protect his property. Thus, we will now see the legal means a private owner has at his disposal to prevent expropriation. The means against expropriation First, during the process of expropriation, the condemnee can request an inquiry. [...]

[...] Otherwise, the transaction can be made as a private sale, that is to say, from a private seller to a private purchaser. In most cases of expropriation, three parties are involved: - The owner of the property sought to be taken. He (to simplify this paper, owner” will be referred to as regardless of the gender or number the owning party covers) is called condemnee.”[4] - The expropriating body. This is the body empowered to expropriate land. This body can be either public (as it is generally the case) or private (e.g. utility companies, railroads, redevelopment corporations and some others). [...]

[...] After this public hearing, the judge can then decide whether the condemnor can exert his power of eminent domain or not.[11] At this point two possibilities open up: - The approving authority can cancel the intended expropriation. The process is said “abandoned.” Or - The judge confirms the intention to expropriate. In the second case, he has to appoint as soon as possible three condemnation commissioners who have to be disinterested property owners. Their role is to give their opinion about the value of the property. To do so, they will see the property and interview both the condemnee and the condemnor. [...]