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If it's "fair market value," then why do they need to exercise eminent domain in order to force the sale? I don't see how this can ever be considered OK. In th
by ekidd 16y ago
If it's "fair market value," then why do they need to exercise eminent domain in order to force the sale? I don't see how this can ever be considered OK.
In the U.S., this is specifically discussed in the fifth amendment to the Constitution: ...nor shall private property be taken for public use, without just compensation.
This suggests that government may choose to take private property for public use so long as the compensation is "just". Note that "just" may not be the price that you want the government to pay, but it might instead be based on some other theory of justice, such as the current market value for similar property.
Now, not everything allowed for by the Constitution is morally desirable. (Recall the "3/5ths of a person" compromise.) But the U.S. government does have a defensible rationale for eminent domain; our ancestors agreed to the Constitution, and we haven't ever amended that part of it.
However, the Constitution also says "public use." I'm always very leery when there are private actors involved, not the least because there's a huge incentive to corrupt the government.
- jamesbritt 16y ago"I'm always very leery when there are private actors involved, not the least because there's a huge incentive to corrupt the government." Indeed. http://en.wikipedia.org/wiki/Kelo_v._City_of_New_London http://en.wikipedia.org/wiki/Kelo_v._City_of_New_London