Eminent Domain Use and Abuse in Long Branch, New Jersey

Type :

Case study

Pages :

7 pages

Format :

.doc

Published date :

04/25/2008

Category :

Political science

Sub category :

Political science

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Summary :

Introduction
Refusal to sell to the city
The resort town of Long Branch
Long Branch's decline
Furlong's group
The political process to pass the plan
The clearest outcome of Long Branch's Master Plan
Feedback from a minority of Long Branch residents
Conclusion
Works cited

Abstract

eminent domain is, at its essence, the power of a governmental entity to take private real estate for public use, with or without the permission of its owner. The right is most often exercised as a last resort, when all other avenues of negotiations have failed, to acquire land for the construction of highways, Post Offices, hospitals, or the like. The concept of eminent domain was born in British common law, and was adopted by the Thirteen Colonies before the Revolutionary War. Upon the drafting of the U.S. Constitution, eminent domain was limited by the Fifth Amendment, which states 'nor shall private property be taken for public use, without just compensation.' This is a tacit recognition of a preexisting power to take private property for public use, rather than a grant of new power.2 Indeed, the Supreme Court found that eminent domain "appertains to every independent government. It requires no constitutional recognition; it is an attribute of sovereignty."3 Thus American states, cities, school districts, and other governmental and quasi-governmental entities are afforded the rights and privileges of eminent domain.