Eminent domain

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An argument commonly used by a government to circumvent laws limiting the ability of that government to take land belonging to its subjects.

  • em·i·nent /ˈɛmənənt/
    • –adjective
      • 1. high in station, rank, or repute; prominent; distinguished: eminent statesmen.
      • 2. conspicuous, signal, or noteworthy: eminent fairness.
      • 3. lofty; high: eminent peaks.
      • 4. prominent; projecting; protruding: an eminent nose.
  • do·main /doʊˈmeɪn/
    • –noun
      • 1. a field of action, thought, influence, etc.: the domain of science.
      • 2. the territory governed by a single ruler or government; realm.
      • 3. a realm or range of personal knowledge, responsibility, etc.
      • 4. a region characterized by a specific feature, type of growth or wildlife, etc.: We entered the domain of the pine trees.
      • 5. Law. land to which there is superior title and absolute ownership.

...from Dictionary.com

As the dictionary terms would have it, Eminent Domain defines the "higher right" of an individual or group of individuals to a property. According to the Fifth Amendment to the Bill of Rights, property may not be taken for public use without just recompense, and no mention is made at all for the acquisition of property for the gain of another private individual or firm.

This protection has recently been laid waste by a number of decisions, not the least of which was Kelo vs. New London, in which private property was taken for the benefit of developers for private business use. The argument for New London was the increased tax revenue to the local government, which was loosely defined as a "common good".

See also, Lauren Canario

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