What is Eminent Domain
Eminent domain refers to the power possessed by the state over all property within the state, specifically its power to appropriate property for public use. Typically utilities, such that they can bring eminent domain actions to run telephone, power, water or gas and sewer lines.
Proceedings to take land under eminent domain are typically referred to as "condemnation" proceedings.
The Founding Fathers knew well the importance of private property in "securing the blessings of liberty." The Declaration of Independence asserts our unalienable rights to "life, liberty, and the pursuit of happiness."
The Process of Eminent Domain
Eminent domain law and legal procedures vary, sometimes significantly, between jurisdictions. Usually, when a unit of government wishes to acquire privately held land, the following steps are followed:
* The government attempts to negotiate the purchase of the property for fair value.
* If the owner does not wish to sell, the government files, a court action to exercise eminent domain, and serves or publishes notice of the hearing as required by law.
* A hearing is scheduled, at which the government must demostrate that it engaged in good faith negotiations to purchase the property, but that no agreement was reached. The government must also demostrate that the taking of the property is for a public use, as defined by law. The property owner is given the opportunity to respond to the government's claims.
* If the government is successful in its petition, proceedings are held to establish the fair market value of the property. Any payment to the owner is first used to satisfy any mortgages, liens and encumbrances on the property, with any remaining balance paid to the owner. The government obtains title.
* If the government is not successful, or if the property owner is not satisfied with the outcome, either side may appeal the decision.
There are several types of takings which can occur through eminent domain:
* Complete taking
* Partial Taking
* Temporary Taking
* Easements and Rights of Way
Freedom Of Speech would like to say:
The reasons for forming government in the first place: "is to join in society with others...for the mutual preservation of their lives, liberties and estates, which we call by the general name, property."
Thomas Jefferson once wrote:
The true foundation of republican government is the equal right of every citizen in his person and property, and in their management. Try by this, as a tally, every provision of our Constitution, and see if it hangs directly on the will of the people!
July 12, 1816
Freedom Of Speech would like to thank Senator Connie Sipes for her continue fight for restrictions and to amend Eminent Domain.
Freedom Of Speech also agrees with her public stance that with out these restrictions of these amendments means that a private developer can still declare themselves a utility and seize private property through eminent domain. She also states we need to be addressing a problem that we are having in Floyd County. This is all about protecting the rights of property owners.
footnote: Senator Sipes, Thank you for your comments they are always welcome and appreciated.
