美国留学生硕士毕业论文高分范文参考 [11]
论文作者:www.51lunwen.org论文属性:硕士毕业论文 dissertation登出时间:2014-11-12编辑:lynn406点击率:18038
论文字数:9112论文编号:org201411111251556027语种:中文 Chinese地区:美国价格:免费论文
关键词:土地征用权立法privacy property法院
摘要:摘要:本文是一篇关于美国土地征用权的留学生论文。土地征用权是美国政府控制私人财产的权力。论文中从制法人的制法意图开始讨论土地征用权的意义。先从不同的定义着手,阐述了土地征用权的概念。然后又简述了几个案例与发展状况
ase that does support the idea that the RLUIPA protects religious property from eminent domain despite the argument given in the Seton Hall Law Review; Cottonwood Christian Center v. Cypress Redevelopment Agency. Cottonwood Christian Center wanted to expand their worship building and bought some land to accommodate their growing membership. When the Costco Company expressed interest in building a store in that area the local government began the preliminary proceedings for a eminent domain takings. The court found that the RLUIPA protected the Cottonwood Christian Center from an act of eminent domain on the grounds that the use of land was for the practice of their religious beliefs and therefore protected by the right to free exercise. The case is considered atypical and not a reflection on how the courts as a whole view the relationship between eminent domain and the Religious Land Use and Institutionalized Persons Act.
A summarization of the sources suggests that religion is not an exception when it comes to eminent domain. A church, temple, mosque, or any other religious institution's property can be taken by eminent domain as longer as the use of the land is for public use and there is just compensation. The current logic is that although eminent domain has taken the religious institution or organization's property it is not infringing on the citizens' rights to free exercise of religion. They can still practice there religion in any manner they choose, but where they practice their religion is not a concern of the government.
Literature Review: Opinions on Eminent Domain
On interpreting the nature of eminent domain and the role it plays in modern society, there are two basic sides that support the argument for allowing the government the ability to take private property. The first is a more practical approach; this argument debates the economic necessity of eminent domain and supports its use in improving the surrounding area for the sake of economic improvements and community progress. It is under this argument that the idea of eminent domain must be invoked in order to ensure community progress is supported. The second argument supports the idea that eminent domain can be used to develop neighborhoods that are considered condemned and destitute. The Supreme Court has established this concept as “urban renewal”, which is when the government creates a plan to re-develop an area of town, city, or community which is considered a “blighted area”. The court case that references “urban renewal”, the 2005 case Kelo vs. New London, which will be examined subsequently.
Garry Boulard of State Legislatures Magazine summarizes the various viewpoints of the economic use of eminent domain. Reporting on views from various expert opinions, Boulard concludes two things. The first being that eminent domain does have a purpose. Experts in agreement with this assessment state that eminent domain is a tool needed by the government in order to progressively change the community. The state in how eminent domain is perceived is Boulard's second point. He quotes Gary Kovavic, a Los Angeles attorney who has been practicing eminent domain law for the past twenty-nine years who stated:
Boulard concludes that there is a trend to use eminent domain in terms not previously used in the earlier half of the twentieth century. His main point was in the examination of the Ke
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