Now, imagine a family in a small town who owns a local hardware store, a store that has been passed down from generation-to-generation for 100 years. While originally designed so that the government could turn private property into public property (parks, monuments, roadways), they can also seize this private property and give/sell it to another private entity, as long as it “benefits the public.” It’s in this ambiguous idea that real problems arise. As you may have guessed, though, this is not exactly how it ends up working in practice. The government can step in using eminent domain, pay the landowner for her property, and turn it into a park that benefits the entire neighborhood. Imagine a property owner who has let several properties in a neighborhood fall into disarray. Now, the government has to have a specific reason to seize someone’s property using eminent domain, and it’s not hard to justify the practice on paper. Instead of stealing a citizen’s property against the citizen’s wishes, the government is buying it against the citizen’s wishes. At first glance, this practice is in diametrical opposition to the Fourth Amendment to the US Constitution, which promises, “the right of the people to be secure in their houses and effects against unreasonable searches and seizures,” but government entities can get around this by “fairly” compensating citizens for their property. But for the small percentage of Americans who will have to deal with it, a little knowledge can go a long way.Įminent domain refers to the government’s ability to take ownership of a citizen’s private property without their consent. Not everyone knows what eminent domain is, and most people will never have to deal with it. Take for example the practice of eminent domain, a concept that has appeared in different form across cultures for many years. It can be difficult for even law experts to understand the intricacies of every law in the country, but whether or not you understand a law has no bearing on how that law can affect you. Questions 1–10 are based on the following passage.
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