Ethical Ramifications
Despite the Fifth Amendment guaranteeing federal and/or state governments the right to eminent domain, there are often ethical issues that arise over such acquisitions of property. One of these ethical issues revolves around the concept of “public use”. Generally only the condition of “public use” needs to be satisfied to enable the federal and/or state governments to acquire land through eminent domain. However, in many cases the land acquired by federal or state authorities is never open to public benefit. As one legal firm explains, courts typically only require for “public use” – “this is true even though the property will typically be transferred to a private redeveloper and may never be open to the general public. It usually doesn’t matter if the redeveloper may be doing nothing more than building a new mall or a complex of movie theaters” (Eminent 2003, 2).

In many urban areas, blighted areas are acquired by state authorities and then transferred to private redevelopers. In many cases this behavior is unethical because it puts the poor at a disadvantage. Instead of governments enacting policies and allocating fu

 

ds to refurbish impoverished inner-city areas, residents are often forced to relocate as officials find it easier to demolish the area (and its problems) and turn it over to commercial development. Further, by transferring acquisitions to private developers there is the potential for corruption in the use of eminent domain. Favors may be granted to friends, acquaintances or associates of politicians or legislators who wish to develop certain areas. This takes advantage of the use of power, the rights of U.S. citizens under the Fifth Amendment and it further separates individuals through the class distinction of wealth.

Eminent Domain Law. Viewed on Aug 8, 2003: http://www.eminentdomainlaw.net, 1-13.

Another ethical issue eminent domain presents has to do with the gap between the poor and the rich. Private developers and government leaders are often wealthy or at least much better off than the poor private property owners in blighted areas. In such cases where government authorities demolish blighted areas to transfer property to private developers, poor property owners are taken advantage of because of the discrepancy between rich and po

 
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    Some topics in this essay  
 
    Fifth Amendment | Murphy Lee | Ethical Ramifications | eminent domain | Viewed Aug | property owners | private property owners | property public | private developers | private property | federal and/or governments | pays compensation eminent | Eminent Domain | poor private property | fair market | acquire property public | owner property | acquire property | property typically | government authorities |  
   
 
 
 
   
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