Reflection Paper Essay Example | Topics and Well Written Essays - 750 words

Reflection Paper - Essay sampleAt the same time, though most people k bare-ass what the laws called for, it was still too early to tell the measures their single State governments would take. While some states adopted the laws as they were, others introduced to exceptions, making the laws almost unattainable. noble-minded domain Eminent domain generally refers to the power of the government to control all the property within its territory and separate it for public use. In the United States, these powers have been delegated to the respective state governments (Weinstein, 2006). However, the government must undertake some(prenominal) steps before acquiring private property for public use. This applies regardless of whether the acquisition is complete, partial, temporary or right of way. In all the cases, the government is supposed to pay a fair price for the property, which is unremarkably the fair market value or the highest price angiotensin-converting enzyme can pay for the property in an open market. At times, the government may go further to ensure that there is fair earnings for the property taken. This includes for example, finding a premise for a going-concern business or paying relocation be to individuals moving from their homes. After undertaking all the steps, the government must ensure that the acquired property is for public use, as any other purpose would make the process null and void (Larson, 2004). These powers vested upon the government vary from one state to another, based on the limitations placed over the use of the appropriated property (Larson, 2004). The three main factors that arose right away after the Kelo ruling are responsible for these differences. These factors included the uncharacteristic dissent by the former referee Sandra Day OConnor, the change in political and legal atmosphere in the country, and the outcry from some(prenominal) the media and the public concerning the ruling. Of the three, the dissent by OConnor was the most unequivocal as she went further to document her thoughts, which plainly rivaled those of her colleagues. In addition, she joined hands with a group of advocates from the property right movement, who argued that the law would not barely replace homes with shopping malls, but also turn farms into factories (Weinstein, 2006). Like OConnor, the Congress indirectly strange the enactment of the eminent law by introducing limitation bills. The aim of the bills was to deny state or local anaesthetic government funds, which would necessitate the transfer of private property to other parties. However, it was very categorical in the ban, as it only prohibited those that benefited private investors. Consequently, although the laws vary among various jurisdictions, it is apparent that most of the states concur with the laws. The differences originate from the desire of each State to be independent and protect the rights of its residents. Most of the states that enacted the emi nent domain law introduced bills that cut back the use of the appropriated property for economic development. Others went further to define economic development as those activities that would create new job opportunities and generate revenue to the state. With this specification, it became apparent that any appropriation for private gain would be disheartened (Weinstein, 2006). Alabama serves as a good example of how States passed bills to prohibit the implementation of