美国留学生硕士毕业论文高分范文参考 [3]
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:17930
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
that in order to run the government it would need courthouses, jails, and other government affiliated structures. During the early years of the American colonies and what would eventually become the United States, there was no need to invoke the power of eminent domain with the exceptions of roads and mills. However, during the industrial period in America as railroads, factories, and commercial industries developed, eminent domain also developed into a new, more prevalent role.
The process of eminent domain usually proceeds in this manner: When a body of government desires to obtain privately held land, it first attempts to purchase the piece of property at fair market value. If it is not agreeable to the private property owner to sell their land, it is at this point the government files a court action to exercise their authority under eminent domain. It is then the government's burden to demonstrate that the negations were in good faith and that the use of the property is for public use and general welfare. If the government is successful in its argument measures are taken to assess the fair market value of the property, which the government's obligation to the owner. If the owner is noncompliant and does not wish to sell, both sides are allowed to appeal the others decision. This process follows the basic understanding of eminent domain.
The current definition of eminent domain has reached a broader interpretation, both in courts and by certain experts. It is seen as an economic tool used to improve economically dead areas and:
This statement coincides with the summarized view that without the tool of eminent domain, America would not have been able to grow and progress during the time of industrialization. Railroads could not have been built without the land seized and given to it to be built upon.
It is at this point questions are presented that ask if the almost sacred institution of private property is as stated “sacred” and there is an understanding that eminent domain is a “necessary evil”, why does conflict occur. If for the sake of economic growth and public welfare, eminent domain is justified then why does it have the stigma of evil it now has today's world? One could conclude that the state of eminent domain has passed its expiration date; that society, due to corruptness and greed, can no longer be trusted with the right to governmentally seize its citizens' property even with “just compensation”?
It should be understood that there is precedence for the government to seize an individual's property legally outside of the eminent domain. The government is authorized to obtain a person's property through the due-process clause of the Fifth and Fourteenth Amendments, only after following the principles of the due process of law, specifically notice and hearing. This only applies, however, when a person is being accused of defrauding the federal government. Before the government can punish a person through incarceration and fines i.e., deprive a person of liberty and property, it must provide them with both a notice and a hearing, where they are entitled to contest the charges against them (Bernstein, 2004). This illustrates the notion that when the government acquires an individual citizen's property it is not necessarily a questionable act, but an act towards public welfare.
There are two conditions the eminent domain clause of the Fift
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