Eminent Domain Essays and Research Papers

Instructions for Eminent Domain College Essay Examples

Title: Eminent Domain

  • Total Pages: 2
  • Words: 721
  • References:2
  • Citation Style: APA
  • Document Type: Essay
Essay Instructions: DISCUSS THE PROCESS THAT MUST OCCUR IN ORDER FOR GOVERNMENT TO PROCLAIM EMINENT DOMAIN TO ASSUME CONTROL OVER THE PRIVATE PROPERTYOF CITIZENS. HOW DOES EMINENT DOMAIN DIFFER FROM THE CONCEPT OF GOVERNMENT ZONING? HOW DOES EMINENT DOMAIN DIFFER FROM POLICE POWER AS IT RELATES TO THE GOVERNMENT ASSUMING CONTROL OVER PRIVATE PROPERTY? DISCUSS AT LEAST TWO COURT CASES THAT RELATE TO THE ISSUE OF EMINENT DOMAIN. WHAT ARE THE KEY ISSUES THAT WERE ADDRESSED IN THE COURT CASES THAT YOU CHOSE TO REVIEW?

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References

Bryant, C.W. (n.d.). How eminent domain works. Retrieved online: http://money.howstuffworks.com/eminent-domain1.htm

"National Eminent Domain Power," (n.d.). Retrieved online: http://caselaw.lp.findlaw.com/data/constitution/amendment05/14.html

United States Department of Housing and Urban Development (HUD 2011). Eminent domain. Retrieved online: http://www.hud.gov/offices/pih/centers/sac/eminent/

Weinstein, D. (2011). Bill ending eminent domain powers of mining industry clears Nevada Senate. CB Online. Retrieved online: http://www.canadianbusiness.com/markets/market_news/article.jsp?content=D9LSLQMG0

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Title: Eminent Domain

  • Total Pages: 4
  • Words: 1368
  • Works Cited:3
  • Citation Style: MLA
  • Document Type: Research Paper
Essay Instructions: We will pay $60.00 for this order!!

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Write on helping victims who have suffered from eminent domain by the government. Solution is to recieve a grant from the ACLU (American Civil Liberty Union) for $500,000 (its imaginary) and the project will last one year and during that year the Homeowners Freedom (name of organization) will find people who have been kicked out of their homes by the government and were not justly compensated (that means did not receive more then the fair market value of their home) and provide them with a lawyer who the Homeowners Freedom will pay for. The lawyers will help the eminent domain victims fight the government in course so that they can get the just compensation they deserve. Anything information I have not given you, you can simply make up as long as it goes along with the project requirements and the organizations goals. You will need to use 3 sources minimum.

Program Description (Proposal Essay) (5-6 pages) – Clearly define project procedures, project goals and objectives, and criteria for evaluating program success, including measurement and evaluation procedures/standards.
[This is where you prove that you have thought through what you want to accomplish with this project. You have established the need, and now you must demonstrate how your project will meet that need. An important part of this is establishing how success will be measured. Success may be measured by an increase (or improvement) in services and/or in the number of people served. Be specific. Don’t say: “A new freezer will store more food.” Do say: “A new freezer will provide an additional 44 cubic feet of freezer space that will be used to store microwave meals that can be prepared with minimum time and labor.” This would be a good place to remind the committee that the people being served often spend long days at the hospital and don’t have the time or energy to prepare complicated meals when they get back to the Ronald McDonald House to rest. A quote from an interview might be powerful here. WARNING: If you don’t know what your goals and objectives are, or if you don’t know how to measure success, then you need to reevaluate your project. ]

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Works Cited

Bright, Elise M. Reviving America's Forgotten Neighborhoods: An Investigation of Inner City Revitalization Efforts. New York: Garland, 2000.

Cohen, Charles E. "Eminent Domain after Kelo V. City of New London: An Argument for Banning Economic Development Takings." Harvard Journal of Law & Public Policy 29.2 (2006): 491.

Talley, Brett. "Restraining Eminent Domain through Just Compensation: Kelo V. City of New London." Harvard Journal of Law & Public Policy 29.2 (2006): 759.

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Title: eminant domain

  • Total Pages: 10
  • Words: 3670
  • Bibliography:8
  • Citation Style: APA
  • Document Type: Essay
Essay Instructions: Topic : Topic: Eminent Domain, the Police Power of the State to Regulate Land Use and the Fallout from Kelo vs. the City of New London US Supreme Court Case


Term Paper Guidelines

1. The paper should be at least 10 pages but no more than 12 pages. The page count does not include the abstract/outline or the bibliography. Instructor will provide scoring rubric during second week of class.
2. The paper is NOT original research but rather a summary/report of your research of current literature and/or historical information. The paper does not need to include your opinion. If, however, you add your personal opinions to this paper, be prepared to support your position with direct linkage to course
3. Select a topic from instructor provided list; should you chose to write on another topic, you must obtain instructor approval prior to submitting an abstract/outline. HINT: Write on a topic or subject that interests you and keep the scope of topic narrow.
4. Plan to use at least 6 quality references. In general, I recommend that you stay away from current news periodical/newspapers such as TIME, NEWSWEEK, US NEWS, USA TODAY. However, many of those publications have notable columnists/essayists who may add value to your research. Newspapers such as the NEW YORK TIMES and WALL STREET JOURNAL are acceptable. In addition, industry related journals are solid sources.
5. If the topic of the paper is a current issue, plan to use reference materials that are also current. (Reference materials should be no more than 3-4 years old unless the purpose of the references is to lend historical perspective. DO NOT USE YOUR COURSE TEXT OR ANY ENCYCLOPEDIA AS A REFERENCE. Papers submitted with text or encyclopedia references will be rejected without review or grading.
6. The preferred writing style is the APAP style. Please contact instructor if you plan to use something other than APA.
7. Any paper turned in no later than November 17, 2008, will be reviewed, assigned a preliminary score and returned to student. Student will have the option of keeping assigned grade or revising the paper for a regrade. Highest grade awarded will be final grade.
8. FINAL THOUGHTS: Proofread, proofread and proofread again. Spell check and spell check again. USE active voice only. Do not write in first or second person (no use of I, we, or you

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Bullock, Scott. "The End of an Eminent Domain Error: Pfizer Closes in New London." Institute for Justice (IJ) press release, February 2010. Web, accessed 30 April 2011 at: http://www.ij.org/index.php?option=com_content&task=view&id=3076&Itemid=165

Gall, Bert. "Post-Kelo America: An Optimist's View." Reason Magazine, 2 May 2007. Online, accessed 30 April 2011 at: http://reason.com/archives/2007/05/02/post-kelo-america-an-optimists

Jacobs, Harvey M. And Bassett, Ellen M. "All Sound, No Fury? The Impact of State-Based Kelo Laws." Planning and Environmental Law 63.2 (February 2011): 3-8. Online, accessed 30 April 2011 at: http://urpl.wisc.edu/people/jacobs/jacobs%20publications/Jacobs%20&%20Bassett%20-%202011%20-%20Kelo%20-%20PEL.pdf

"Lexington." "Kelo: John Paul Stevens' Worst Decision." The Economist, "Lexington's Notebook" (blog). Web, accessed 30 April 2011 at: http://www.economist.com/blogs/lexington/2010/04/kelo_john_paul_stevenss_worst_decision

Lithwick, Dahlia. "Condem-nation." Slate, 22 February 2005. Web. Accessed 30 April 2011 at: http://www.slate.com/id/2113868/

Morandi, Larry. "Eminent Domain: Not in My Front Yard." National Conference of State Legislatures, 7 November 2007. Web, accessed 30 April 2011 at: http://www.ncsl.org/Portals/1/documents/natres/annualmtg2006.pdf

Sullum, Jacob. "Big Blighters: How Developers Use 'Blight'As A Pretext To Get the Land They Covet." Reason Magazine, 9 December 2009. Online, accessed 30 April 2011 at: http://reason.com/archives/2009/12/09/big-blighters

Woodyard, William and Boggs, Glenn. "Public Outcry: Kelo v. City of New London -- A Proposed Solution." Environmental Law 39 (May 2009): 431-450. Online, accessed 30 April 2011 at: http://legacy.lclark.edu/org/envtl/objects/39-2_Woodyard-Boggs.pdf

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Title: Real Estate Eminent Domain

  • Total Pages: 9
  • Words: 2921
  • Sources:10
  • Citation Style: MLA
  • Document Type: Research Paper
Essay Instructions: Please write a 9-page paper on the topic of Eminent Domain in LOS ANGELES, CALIFORNIA. Specifically, here are my requirements:

- 9 pages, inclusive of a table of contents page

- Purpose of the paper: To find 1 legal case from which an eminent domain event occurred in LOS ANGELES, CALIFORNIA, preferably within the past 5 years. Also find 2 recent articles (within the past 1 year) that directly relate to the topic. The article can be a Law review or law journal, or a newspaper article from an accredited business journal or newspaper. Critically analyze the legal case and current event (from the article) with the following outline below.

- My preferences for a topic: Try to find a legal case that involves the economic development project that built the Staples Center complex in downtown Los Angeles. (Please DO NOT use the case Kelo v. City of New London. That is a landmark case that should just be cited within the essay but not as the main case to be discussed). Find this case from the Lexis/Nexus database.

Outline

The table of contents page should be written logically, but should include the following:

1)issue (eminent domain / property rights for owners in California);

2) cite 1 legal case in the past 5 years;

3) cite 2 recent articles that talk about events that are related to the legal cases cited;

4) explain the facts of the case and recent article case;

5)explain the judicial opinion(what the judge had to decide);

6) explain the Rule of Law (what specific constitutional law does the case refer to and what other related federal laws or statutes);

7) ANALYSIS: Application of the law mentioned in #6; and what was the Dissenting opinion (from opposing judges or appelate court;

8) Other legal cases cited or recent eminent domain issues in california; for example: Reverse eminent domain - name a legal case where the opposite happened and how it affected the public.

9) Ethical dilemmas arising - in blight communities, what happens to the disadvantaged persons living in and around the area? Where should cities house the disadvantaged who are perhaps "pushed" out of the area b/c of the new development? (this probably happened in the downtown Los Angeles area). Is there a gov't policy in place that protects the lives of non-property owners who are not provided with alternative dwellings?

10) Conclusion - this should be an OPINIOIN about whether or not eminent domain is a fair policy (in California). Make the argument that it IS a fair policy, however, make the recommendation that the Constitution (or California statute) should be amended to make the law stricter, restricting the gov't from abuses of eminent domain. The gov't should not have so much discretion in exercising eminent domain.


Other things to consider for the paper:

- define "eminent domain"

- define the Fifth Amendment that refers to the constitutional rights and protections of property owners

- cite the landmark eminent domain case: Kelo v. City of New London (but do not use this as the main case to be discussed

- refer to the CURRENT Proposition 98 and 99 (relate it to how the upcoming presidential candidates are siding on each side of the issue)

- use at least 5 quotations from the articles or legal cases, and use footnotes where applicable

- use clear and and concise language, referencing the sources cited

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Bibliography

Boulard, Garry (2006) Eminent Domain - for the Greater Good. June 2006. State Legislatures.

Eminent Domain: Information about Its Uses and Effect on Property Owners and Communities Is Limited (2006) United States Government Accountability Office - Report to Congressional Committees. 2006. Nov.

HFH, LTD. Petitioner, v. The Superior Court of Los Angeles County. Respondent; CITY of CERRITOS et al., Real Parties in Interest. Von's Grocery City of Cerritos, Petitioner, v. The Superior Court of Los Angeles County, Respondent; City of Cerritos, et al., Real Parties in Interest L.A. Nos. 30382, 30383 Supreme Court of California 15 Cal. 3d 508; 542 P.2d 237; 125 Cal. Rptr. 365; 1975 Cal. LEXIS 248; 6 ELR 20062 (1975) Online available at http://209.85.165.104/search?q=cache:jwI03q6Ns-YJ:www.eminentdomain-law.com/pracAreas/appLaw/decisions/AmiciCuriae/HFHLtdvSuperiorCourt.pdf+Los+Angeles+eminent+domain+ethical+issues&hl=en&ct=clnk&cd=33&gl=us

Mark, Jason (2006) the Central Question. 9 Jun 2006. Grist Environmental News & Commentary.

Peninemann, Milo (2000) Staples Land to Cost Developer Millions More. Los Angeles Business Journal 9 Oct 2000.

Saito, Leland T. (2007) Economic Redevelopment and the Community Benefits Program: A Case Study of the L.A. Live Project, a Los Angeles Sports and Entertainment District. University of Southern California Sociology Department and American Studies & Ethnicity Department.

Sanderfur, Timothy (nd) a Natural Rights Perspective on Eminent Domain in California: A Rationale for Meaningful Judicial Scrutiny of "Public Use." Social Science Research Network. Southwestern University Law Review, Vol. 32-569, 2003.

Salkin, Patricia E. And Lavine, Amy (2008) Negotiating for Social Justice and the Promise of Community Benefits Agreements: Case Studies of Current and Developing Agreements Government Law Center of Albany Law School. 2008 April

Sanderfur, Timothy (nd) a Natural Rights Perspective on Eminent Domain in California:

Rationale for Meaningful Judicial Scrutiny of "Public Use."

Social Science Research Network. Southwestern University Law Review, Vol. 32-569, 2003.

Boulard, Garry (2006) Eminent Domain - for the Greater Good. June 2006. State Legislatures

Saito, Leland T. (2007) Economic Redevelopment and the Community Benefits Program: A Case Study of the L.A. Live Project, a Los Angeles Sports and Entertainment District. University of Southern California Sociology Department and American Studies & Ethnicity Department.

Larrubia, Evelyn (2007) Los Angeles Times 20 Nov 2007. Online available at http://articles.latimes.com/2007/nov/20/local/me-meruelo20

Constitutional Law: Real Estate Eminent Domain

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