Protecting the Property Rights and Interests in Eminent Domain
What is Eminent Domain?: According to the Fifth amendment of the constitution of the United States, Eminent domain is the power of a private corporation or a person (a public authority), municipality, or a state government to take a private property from the owner by paying him or her the compensation amount. These bodies can also take the possession of a private property by exercising their power. The government’s possession deprives the owner of economic use of his property.
- The various property rights are land, water, and air rights.
- When the government takes the control of a private property, it is called the “taking.”
- Property owner means that the individual has legally taken the real property (which the government intends to take and is subjected to directly impact).
- “Real property” will include any constructional improvements made on the land.
Challenges for the Courts: Eminent domain has indeed become a challenging area for the courts. The owners of the private property are now undertaking actions against the eminent domain’s private property power and the government in inverse condemnation proceeding. The property owners are questioning the regulations, ordinances, and laws that give the government the right to take any private property.
The regulatory taking of Florida and the U.S. constitutions requires:
- There is no requirement of a regulation to put into operation the purpose of the government.
- Depriving the owner of all economical uses of property.
It is difficult to meet these requirements, thereby making it difficult for the regulation to impact a private property by taking it to the point of eminent domain. The eminent domain private property works on the foundation of strict rules and the government should exercise its power and rights as the constitution instructs. Therefore, the procedure of taking the private land will abide by the rules of legislature statutes.
There are few points that require strict considering before compensatory the taking of any private property:
- What would be the economical consequences of eminent domain?
- Reasonable expectations of investments.
- The type of action government intends to take by taking control of the property.
Not every economical benefit is a property right. Economically beneficial right will fall under property rights if the law supports them and they have earned recognition. Only after this can the courts ask the owner not to interfere with the governmental actions over the property. Moreover, the taking will extend the rights to the owner to demand compensation for government’s invasion.
The Private Property Rights Protection Act: Property owners often face drastic effects due to eminent domain and should have information about the Private Property Rights Protection Act. The act states the rights of an individual in asserting due to the excessive burden of governmental regulation (actions impacting the property value) on his or her private property and not furthering to compensatory taking. In such cases, as per the Florida or U.S. constitutions, the individual has the rights to seek compensation due to the authentic losses on the property’s fair market value.