Social Studies | College Essays | Eminent Domain

There is no arguing that the eminent domain law is unfair to some. Even though the Fifth Amendment attempts to make it fair, by requiring just compensation for the property, there really is no way to forcibly, yet fairly, take someone's land.

Eminent Domain

A college essay
by Cheryl Carroll
18 April 2012

The concept of eminent domain is not a new one. The practice has been used for centuries. The term was first coined by a Dutch philosopher in the 1600s (Dalton), but it's safe to assume that eminent domain was applied well before there was a name for it. To use the eminent domain argument means to say a person's private property is needed to benefit the public and therefore must be seized, should they refuse to part with it. This may seem a little drastic, but when faced with an individual who places his or her needs above the needs of the community, eminent domain is an invaluable, peacekeeping tool.

This is not to say it is a fair tool. Although fairness to the collective is one point for the process, the lack of fairness to the land owner is one of the main points against it. But most people will remember from their childhood, when their mother let them in on a little fact that was meant to make a big difference in the way they looked at things--life is not fair. In the movie, The Labyrinth (Lee, Henson and Jones), the self-absorbed, teenage heroine, Sarah, states many times that, "It's just not fair." When she says this to her nemesis, the wise King Jareth, he responds beautifully with, "You say that so often. I wonder what your basis for comparison is." Finally, a more experienced Sarah delivers this line to someone else, "No, it's not [fair]. But that's just the way it is."

There is no arguing that the eminent domain law is unfair to some. Even though the Fifth Amendment (The Bill of Rights: A Transcription) attempts to make it fair, by requiring just compensation for the property, there really is no way to forcibly, yet fairly, take someone's land. But that's the way it is. The best that can be hoped for is that all efforts to appease the owner, or to find an alternate location, are exhausted, before the law is invoked.

Unfortunately, alternate locations are getting harder to come by. Land is such a limited resource, and most of the ever-growing population wants a piece of it. The eminent domain law helps society avoid a problematic future--a future teeming with property owners who are justifiably ready to defend their coveted prize. This law prevents chaos. The law makes it clear to all that land needed for progress will always be used for the common good, with no one individual able to stand in the way.

Some people interpret the common good as being the government good. An "us versus them" mentality is definitely in place. These people fail to realize that they are the government, and the government is them. The power does not lie with the label. The power lies with the individuals who make up the whole. Where there are many people in favor of an idea, and fewer against it, the majority will rule. This helps keep order and ensures a strong, albeit somewhat divided, nation. Most will agree that democracy is the best route to take.

Democracy in action is the best way to describe the eminent domain law. The wishes of the majority take precedent over the wishes of the minority. Is this fair? Well, it is as fair as it's possible to be. And it's the ideal the country was founded with. If democracy is not the way, then what is? Viable solutions are not being tossed into the mix.

Some would suggest building around the individual. If this were just one person, or even two or three people, sure--that would work. But again, land is limited. Eventually everyone is going to want to hold on to what they have. As the population of the United States grows, and the needs of local communities increase, the eminent domain law will be used more frequently. It will become even more controversial, as it gobbles up private residences, but the majority will continue to accept eminent domain for what it is--one of the country's most valuable resources.

Bibliography

Dalton, Daniel P. "A History of Eminent Domain." Public Corporation Law Quarterly (2006)

The Bill of Rights: A Transcription. n.d.11 April 2012.

The Labyrinth. By Dennis Lee, Jim Henson and Terry Jones. Dir. Jim Henson. Perf. David Bowie and Jennifer Connelly. 1986

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