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

Reflection Paper - Essay ExampleAt the kindred time, though intimately people knew what the laws called for, it was still too early to tell the measures their respective State governments would take. While some states adopted the laws as they were, others introduced to exceptions, making the laws or so unattainable. Eminent domain Eminent domain generally refers to the power of the government to control all the prop within its territory and appropriate 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 several steps before acquiring hugger-mugger property for public use. This applies careless(predicate) 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 usually the fair market place value or the highest price one can pay for the property in an ope n market. At times, the government may go further to image that there is fair compensation for the property taken. This includes for example, finding a premise for a going-concern business or paying relocation costs to individuals moving from their homes. later 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 ward off (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 immediately after the Kelo persuasion are responsible for these differences. These factors included the uncharacteristic dissent by the former justice Sandra Day OConnor, the change in political and legal standard atmosphere in the country, and the outcry from both the media and the public concerning the ruling. Of the three, the dissent by OConnor was t he most unequivocal as she went further to document her thoughts, which apparently rivaled those of her colleagues. In addition, she coupled hands with a group of advocates from the property right movement, who argued that the law would not only replace homes with shopping malls, but also turn farms into factories (Weinstein, 2006). Like OConnor, the Congress indirectly opposed the enactment of the eminent law by introducing limitation bills. The aim of the bills was to deny state or local government funds, which would take up 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 need of each State to be independent and protect the rights of its residents. Most of the states that enacted the eminent domain law introduced bills that restricted 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 discouraged (Weinstein, 2006). Alabama serves as a good example of how States passed bills to prohibit the implementation of