美国留学生硕士毕业论文高分范文参考 [14]
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:18037
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
York. The project wanted to use eminent domain to acquire land in an area that was not blighted or condemned.
The case has not been decided, but the situation posed an interesting question: If an area in not blighted and there is existing tax revenue how can the government justify an eminent domain takings for the sake of the construction of an arena. The issue of using eminent domain to develop a sport arena is the complex nature of how a sport arena constitutes as public use other than the ability to be used by the public for a price. By allowing huge commercial companies who associated with sports arenas to have the ability to invoke the eminent domain power through government creates the fear that private residential areas are in jeopardy.
The current development of eminent domain has changed in the latter half of the century. The Courts continue to have a broad interpretation of eminent domain. One of the reasons for the broad interpretations, as Justice O'Conner explained in the Kelo oral arguments, is besides the “public use” and “just compensation” guidelines of the Fifth Amendment what other guidelines should be tested in order to make an act of eminent domain justifiable. The current arguments are the same as the arguments given in the past. They ask whether or not there should be a more literal translation of the takings clause of eminent domain. The discussions also include the argument that under all the debates about eminent domain abuses the true purpose of eminent domain is being lost in the battle. There are a growing number of literary resources that demonstrate the economic necessity of eminent domain.
A limit of governmental power is the goal for property rights advocates. The difficult task ahead establish whether or not it is possible Attorneys for state and local governments are concerned that a conservative judgment will hinder the capacity of the public to revitalize their economies. Several sources examined within this paper have asked for a “rational basis” test that would be considerately respectful to a legislative program, plan, or law that endorses a reasonable local interest. The rational basis test being a judicial review that is lower than the strict scrutiny test, but is still capable of examining the if a legislative act should be rationally pursued.
President Bush addressed the concerns surrounding eminent domain and the power it gives to the legislative. The president issued an executive order stating that the Federal Government must limit its use of taking private property for 'public use' with 'just compensation' (United States Congress, 2005). Bush argues that although the constitution stated for the 'purpose of benefiting the general public', he has ordered that eminent domain actions begin acting under more moderate conditions. President Bush limited the use of eminent domain stating that the use may not fall under the overly abused policy, 'for the purpose of advancing the economic interest of private parties to be given ownership or use of the property taken.' (United States. Congress, 2005)
Implications
The policy eminent domain is displaying a trend of an interpretation with very few guidelines. Although the “public use” and the “just compensation” clauses are vital in determining the criteria of an eminent domain takings. There is still the question of perhaps these guidelines are no
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