美国留学生硕士毕业论文高分范文参考 [7]
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:17928
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
fact that when the Depression ended it created a large number of slums across America. In of Berman v. Parker there is a section were the Planning Commission of the District of Columbia created and made publicly available the information gathered concerning the blighted area, reporting:
Blight areas and condemned parts of various cities increased due to the depression and by 1954 the results were probably beginning to become more evident than ever. Another influence to the decision of the Berman case was the level of blighted area found within the District of Columbia.
Poletown Neighborhood Council v. City of Detroit 304 N.W.2d 455, 410 Mich. 616 (1981)
Twenty-seven years after Berman vs. Parker, (1954), the Michigan Supreme Court decided on another major case involving eminent domain in 1981, Poletown Neighborhood Council vs. City of Detroit. It should be taken into account that the Michigan Supreme Court decided this case not the federal Supreme Court.
The city of Detroit invoked their eminent domain authority and took hold of thousands of homes, businesses, and churches in a district called Poletown, in order to allow General Motors to build a plant on the site. In a new argument, the city maintained that the “public use” condition of the takings clause was fulfilled due to the fact that the new plant would “create jobs” not only taking care of the “public use” limitation, but also the “public welfare” question. Those who contested the eminent domain order argued that the plant was not really a matter of “public use” because the owner's property was merely being taken from them to be transferred to General Motors. The Michigan Supreme Court ruled in favor of the city, there was an immediate outcry from the public. An article written by Timothy Sandefur, “This Land Is Your Land,” stated:
Sandefur states that the original intent of the eminent domain section of the Fifth Amendment was to allow governmental power capable of seizing property for the explicit purpose of building courthouses and police stations for the continuing governing of the newly built country. The Poletown case is use largely in the defense of those who believe that eminent domain is being misinterpreted and broadly used. It is one of a number of cases that were the reasoning behind the Courts decision is not as easily taken as previous court cases have been.
Poletown Neighborhood Council v. City of Detroit is a highly criticized case because understanding the decision in terms of showing favor towards private individuals can be reasonably reached. Poletown is different from all other eminent domain cases because it is the first case allowing for condemnations of areas in the name of jobs and taxes. Although, the argument that taxes are a form of “public use” is extremely logical; however, an aspect of the decision required that a project's economic benefit be 'clear and significant'. Political analysts perceive the decision in Poletown Neighborhood Council v. City of Detroit as a decision that blurs the line between public and private uses (Michigan Law, 1981). They fear that many cases like this will be heard for many generations to come and speculate if the future of private property ownership is in jeopardy.
The most political, public, and most recent Supreme Court decision surrounding eminent domain is Kelo v. City of New London, (2005) (Oyez, 2005). Susette
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