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Compensation and Power of Eminent Domain

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1. Who determines the compensation for reduction of economic value?
2. In current times, do you feel that there are instances where the power of eminent domain infringe upon the rights given by the fourth and fifth amendments to the constitution?

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Solution Summary

A brief review addressing the impacts of economic value. A discussion of Eminent Domain powers and rights.

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1. Who determines the compensation for reduction of economic value?

The state government determines compensation for reduction in economic value. "This proposes a governmental agency would be required to compensate a landowner for any reduction in value resulting from government regulation; most establish a baseline level of impact and require compensation for a loss in value exceeding that threshold (the baseline in one proposal in Congress is 10 percent). Some proposals would actually require that government buy the property, even if the loss in value is only slightly about the baseline, such as a 12 percent reduction in value." (APA, 1995)

2. In current times, do you feel that there are instances where the power of eminent domain infringes upon the rights given by the fourth and fifth amendments to the constitution?

I do think that powers of eminent domain infringes upon the rights given by ...

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