美国留学生硕士毕业论文高分范文参考 [2]
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:17934
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
e suggestion that eminent domain is being use to support large corporations and specific individuals for various financial reasons. The evidence does not invalidate the importance of eminent domain and its position in American society, but supports the argument for reevaluation of the issue for improved clarity and understanding.
Purpose of Paper
The purpose of the paper is to show the present development of the use of eminent domain and its main interpretations in the context of various situations and time periods. Its purpose includes the necessity to clarify terms that surround the eminent domain topic, such as “taking clause” or “public use”. A subsequent section will expand more on the definitions of terms and phrases. The first sections of this paper will study the idea of eminent domain and the reasoning for its existence founded within the Constitution and the words of the Founding Fathers.
An assessment of recent court cases on the subject will also be explored to analyze the current interpretation of the topic of eminent domain. The purpose of midsection of the paper is to explain the law cases that decided the precedence for the use of eminent domain. The court cases main function is to illustrate the various situations were eminent domain was implemented, brought to court, and decided by Supreme Court justices. By doing this, an observation of the justices' rationale, the diverse time periods, and the change in leadership can show what influenced the validation or invalidation of the use of eminent domain.
The purpose of last sections of this paper is to show eminent domain's various forms on an international and social level. It will expand on the concept of eminent domain found in other countries and on other levels not explicitly established in general examinations. The purpose is to answer the question of whether or not America is the only country faced with the dilemma of taking private property from private citizens. As well as the assessment of the interaction of eminent domain and religion and whether or not these interactions fall under the guise of separation of church and state.
Definition of Eminent Domain & Related Terms
Eminent Domain
One of the basics concepts of a liberty-based civilization is the system of private property. The idea of economic liberty is founded not only in the doctrine of free enterprise but also within the belief that citizens have the right to reap the harvest of their labors. If the government has the authority to subjectively grab hold of an individual's assets and/or property, can a person be thought of as free in the terms of economics. (Garner, 1975). Conflicts arise when discussing the right to hold private property and writing in the Constitution itself the ability to seize said property, i.e. the notion of eminent domain. That is why the framers believed it vitally important to defend individual's property from an assault from the government through the adoption of the Fifth Amendment, which states, in part:
Eminent domain is defined by Black's Law Dictionary as,
Originally, the primary function of eminent domain was to allow government officials the authority to acquire property to assist in establishing sites that aid in the management of the government (Olivetti, 2003). This thought being
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