Discuss the process that must occur in order for government to proclaim eminent domain to assume control over the private property of citizens. How does eminent domain differ from the concept of government zoning? How does eminent domain differ from police power as it relates to the government assuming control over private property? Discuss at least two court cases that relate to the issue of eminent domain. What are the key issues that were addressed in the court cases that you chose to review?
The Eminent Domain Process
Eminent domain represents the power the government has over all property within the state. In particular, it refers to the power the government has to procure property for public use. Public and private companies, typically utilities, are given the power of eminent domain in some cases, so that they can procure properties to run telephone, power, water, or gas lines.
The process that must occur in order for government to proclaim eminent domain to assume control over the private property is as follows:
• The government attempts to purchase the property from the owner at fair market value.
• If the owner of the property does not want to sell the property, the government exercises the right of eminent domain by filing a court order, and serves or publishes notice of the hearing as required by law. A hearing is then scheduled.
• During the hearing, the government presents evidence that it attempted to purchase the property at fair market value, but that the parties involved could not agree. The government is also required to show that the property in question was intended for public use, as defined by law. The property owner is allowed to respond to the government's claims.
• It the petition submitted by the government succeeds, proceedings are held to ascertain the fair market value of the property in question. Any funds paid are first used to pay mortgages, liens and ...
The posting discusses the proclamation of an eminent domain and the implied process.