Exploitation and Eminent Domain


  1. AVINASH NAIR
    Recently, we explored the 'Tragedy of the Commons' through an experiment that saw us competing against our classmates for survival, in the form of Goldfish. However, as most of us saw, our 'corporate greed' and alarming willingness to destroy the environment for personal gain led to the unsustainable harvest of Goldfish, with many of us unwittingly depleting the Goldfish numbers beyond recovery. This taught most of us the valuable lesson of setting in place rules and regulations in an effort to effectively balance profit with sustainability. We then learned that in the real, non-Goldfish world, common resources are regulated primarily through the privatization of land, user institutions, and regulation by the government.


    Image result for goldfish with sunglasses

    While the privatization of land and user institutions seem to be proper measures to take in an effort to promote conservation, the regulation of land by the government got me thinking about just how much they must be able to exploit this power. I do, although not entirely, agree that government intervention in helping protect common resources has been carried out with relative efficacy, as seen in the establishment of land preserves and national parks, such as Yosemite, that prevent human infiltration of nature. However, I believe that the government's power to seize land for itself should be rather alarming. Utilizing this power, dubbed eminent domain, the government has seized 25% of available land in the US for the purpose of recreation, conservation, or anything they determine necessary. 

    Image result for yosemite


    This may not seem terrible: the government often converts rundown areas into thriving recreation areas for public use, and sometimes aids conservation efforts. Unfortunately, though, eminent domain can also force people out of their homes, with little to no compensation being awarded. In addition, eminent domain has traditionally targeted minorities or the economically underprivileged, leaving them with almost nothing after snatching their land.

    Some may argue that the conservation of natural resources outweigh the need for compensation for people displaced by eminent domain, and I plead those people to consider the following. Suppose you and your family have lived in the same neighborhood your whole life. In fact, your family has lived there for generations. One day, the government kicks you out of the only home you've known and offers no explanation nor compensation, other than the fact that they have decided to 'preserve' your land so that a small pond could be conserved. 

    Image result for michael jordan crying

    At what point does conservation overrule a person's personal liberties in life to live in their own home, without government interference? It is indeed true that the environment must be protected, and that the government can help regulate this, but the power of the government to seize land with very few hindrances must be severely limited or modified. Despite the fact that the government has historically produced results in the form of national parks and preserves, they shouldn't be able to determine when to exercise eminent domain by their own whim. Instead, I suggest that the people should be able to vote and have some say as to what happens to their land. 

    At the end of the day, conservation obviously matters, but destroying other people's lives to practice it is most definitely NOT the way to go about practicing it.

    What do you guys think about the government's ability to exercise eminent domain? Is it just? Should it be eliminated entirely, or just limited to give the people more power? How much should we focus on conservation if it gets in the way of people's unalienable rights?


    https://www.theatlantic.com/business/archive/2012/05/property-rights-and-the-tragedy-of-the-commons/257549/

    https://www.justice.gov/enrd/history-federal-use-eminent-domain

    https://homeguides.sfgate.com/positive-negative-effects-eminent-domain-49409.html



Comments

Anonymous said…
I think that the governments ability in this situation should be limited. It is wrong that they are able to displace people without their say. However, if people have a say in this governmental decisions, no land will ever be conserved as people’s greed will heavily influence their decisions. Nobody is going to hand give up land to the government willingly. Unfortunately, our society is unable to see the importance in conserving land for future generations.
Anonymous said…
I think that despite the fact that the practice of eminent domain has its merits, it also has the potential to go abused as it allows the government to hold a significant amount of power in terms of property and land use. For example, the government cited the example of the Dudley Street are of Roxbury and North Dorchester in Boston that was able to combat the negative effects of urban sprawl and urban blight through the formation of the Dudley Street Neighborhood Initiative, or the DSNI. One of the ways that the DSNI was able to revitalize the neighborhood was obtaining the power of eminent domain, which is something that no other neighborhood organization has. Eminent domain is usually a practice used to acquire land for highway projects and even for conservation efforts, but it has recently been used in the controversial manner of urban development. Although in this case the practice of eminent domain was likely utilized in order to transform the vacant land for redevelopment and turn vacant properties into community facilities such as gardens and playgrounds, the wishes of the owner of the land or property were still ignored as they were forced to sell it, which as seen by some, represents the suppression of the rights of the owner. On the other hand, through the use of eminent domain and other practices, the neighborhood has seen revitalization that reverses the cycle of depopulation and business closure that the neighborhood has observed through the construction of new homes on the land. I believe the best way to balance the merits that eminent domain possesses and its potential to compromise the rights of the people for the government’s gain is to limit the terms of how it can be practiced in accordance to the wishes of the people. (Source: textbook).
Luke Farinelli said…
I think the government's ability of eminent demand is great and needed in our country. I think it is necessary to protect lands and is more important than a person's ability to stay there for a while. Which will have a longer lasting effect? The family dwellings that may have personal yet internal history there, or the transformation of important land that will affect many more Americans for generations to come. Greater good is almost always more important than personal.
Luke Farinelli said…
Above is Luke Farinelli... Idk why it keeps doing this
Anonymous said…
In general, I believed eminent domain could be a valuable tool for the United States government. However, the government must make sure that they are adequately compensating American citizens. Therefore, the concept is only just if the government is not ignoring its citizens. This means that the people must be given more power and a greater say in the activities of the government. Yet, I believe one thing is for certain. Conservation always triumphs over property. What value is property if we cannot ensure its safety and prosperity?
Anonymous said…
Interestingly enough, eminent domain will have to be used if a border wall is established along the border of Texas and Mexico. It will also disrupt and divide many ecosystems including 7 of Texas's wildlife conservation areas. This along with legal battles for people who land along the border shows how eminent domain can very negatively affect the environment and the people around it. Not only this but according to Bioscience, construction of a border wall will bisect the geographic range of 1,506 native animals and plants, including 62 species that are listed as critically endangered. Though eminent domain has its uses for the government, conservation of organisms that we share this planet with should trump all.
-Adam Ghnem
Anonymous said…
I agree with your concern towards the abuse of eminent domain and the potential negative impacts, especially on minorities. It is true that property is often unjustly siezed by the government. However, it would be equally as disastrous for eminent domain to not exist. If the government were unable to seize any property, necessary actions such as rehabilitation and preservation. This policy is the only thing that allows the government to partake in these action. With more regulations that specify exactly what properties can be taken, eminent domain will prove to be a very useful tool for conserving the environment.
Anonymous said…
Eminent Domain can be seen with both positive and negative impacts, and I think that both should be addressed when it comes to this policy. Although it is not right for the government to take lands without any consultations, it would not be right to not preserve some land for the greater use. Therefore, I think that without specific regulations on this topic, it would not be beneficial to enforce. No landowner is going to give up their land, willingly, because of the greed to keep what they essentially and legally own. With the awareness of what actually needs to occur through Eminent Domain, preservation of lands for future generations and for environmental purposes will be possible and more efficient.
Anonymous said…
It’s interesting how eminent domain is linked to conservation efforts and development efforts simultaneously. While the government’s execution of eminent domain is often helpful, used to preserve chunks of valuable, natural, and historically significant land, it’s also used to reserve parcels of land for commercial deals that may actually harm the land it resides on. In my opinion, these commercial deals, along with the added detriment of displacing people from their homes, offers a real argument against eminent domain in the first place. However, the land reserved for national parks and historically significant sites brings aesthetic and cultural value to the United States that must not be overlooked. Eminent domain usually requires just compensation and justification for taking the land, making unnecessary displacement of citizens unlikely. I believe eminent domain is a great tool for preserving natural beauty.
Anonymous said…
I think that eminent domain has both positive and negative attributes. I think it's necessary that the government has the ability to seize land if needed for conservation or health reasoning, but more laws need to be placed. With proper regulations, eminent domain is a valuable tool, but I can see both sides of the issue.
Anonymous said…
I agree that it doesn’t seem fair that people are simply forced to leave the places they lived in with little to no compensation. It also seems like an abuse of power especially since the people that are targeted are minorities. I think a good solution would be to implement practices to conserve the environment through the people that live in the area especially since they most likely care about their own surroundings. They are even more likely to care if it is a house or piece of land that has been in the house for generations because this provides personal motive to take care of the land.
Anonymous said…
I think that the government should be able to proceed with eminent domain only if the removal of people from their land receive positive benefits. If the government takes the land and does nothing with it, the people who were forced out of their homes receive no benefits and the government just essential kicked them out for nothing. However, if the government removes people from their land and the land gains benefits, these benefits should be given to the land owners.
Anonymous said…
I love how APES really does relate across multiple fields. We actually wrote an essay in English about eminent domain and the government’’s role in land use and ownership. The true and original purpose of the law of eminent domain is to provide property which is necessary to complete a project that is for public use. This may include highways, parks, and buildings for public purpose. The end result may be less traffic congestion, more jobs, improved economy, more tax dollars and other benefits to the city as a whole. Eminent domain also allows for utilities to be expanded into new areas as well as oil and other products to be transported in a safe way. In essence, these projects should enhance the growth of the local area and may even extend further. Thus, eminent domain is just and we should support it.
Anonymous said…
Great post! So good I would say it could belong in an AP ELA class. Anyway, the most important thing to realize is the feasibility of using imminent domain. Most people would not appreciate the fact that the government takes their land away. This resistence makes it more difficult for us to see the beneifts of this policy.
Anonymous said…
I agree that eminent domain does have its benefits, but that we should really watch out for when it is too much. I think that this would be quite difficult as really anyone can argue for when the line is truly crossed and argue back and forth for days and days. I know the government is really seizing property for a greater good of helping maybe better a place or conserve an area, but I can’t help but feel for maybe the family that you mentioned in your scenario and others in similar situation.
Unknown said…
I think that eminent domain is often negatively perceived, but I believe that the public as a whole can benefit from eminent domain if the governmental projects are successful. Also, If eminent domain was not a governmental power, certain improvements to infrastructure would be impossible to implement. For example, a single business owner in a city could refuse to sell her property to the local government, making it impossible for authorities to clear the way for private developers to replace outdated buildings.
- Hannah Lee
Anonymous said…
I agree that eminent domain is necessary, but I do believe that it should have certain restraints. The concept of eminent domain is often viewed as an intimidating and or worrisome thing, when in reality it is quite beneficial and simple to comprehend . The government deserves to have the authority to seize land if they see fit, but on the contrary as Niyati previously stated, the government often seizes land for unjust or unnecessary reasons . The guidelines as to which the government can seize land are quite broad and need to be altered . I believe that the requirements that determine whether the land needs to be taken should be clear and specific so that the amount of land that is unfairly taken decreases significantly .
Anonymous said…
The tragedy of the commons never fails to engage me into a lengthy, educational debate. Eminent domain is a controversial topic. It is for the benefits for the greater good, but at what point does it become too much? This is a standard that is subjective and gray. No one can say when too much is too much. Like many of my classmates who have commented before I, eminent domain brings pristine and negative factors, and tho yield the greatest benefit, we ought to watch our actions and keep the government in check.
Anonymous said…
I believe that nature even as small as a pond need to be conserved. The government is right in taking lands with the purpose of conservation BUT they need to be held responsibile for doing so in a moral manner. Nobody should be forced out of their home without a backup plan. The government should give people proper advanced notice and compensate them for their sacrifice. Preserving our beautiful world is important, but not at the price of a human’s well being especially when this consequence can be avoided with just a little more care.
Anonymous said…
The language and retoric is so good that it should be reproduced in an AP English classroom. But on the topic of conservation, yes the goverment should have the ability to take land with historic value in the name of preservation. But they must make sure that that is all they do. The goverment should never take land for any other case really. Especially forcing a person to give up their private land, that is completely wrong and should not be consider acceptable. Overall we can do our best when we take the time to both make sure that we take enough effort to help the goverment and keep a watchful eye over it.
Mallory Odom said…
The problem with eminent domain is that while the government has good intentions, they don't always handle the issue correctly. They should be held responsible for these lands and provide compensation to those they claim it from, as well as make sure the land isn't abused by commercial use.
Anonymous said…
Eminent domain is an issue with both positive and negatives; on one hand, it is at times necessary to establish public infrastructure to support the public good. On the other hand, it often infringers on personal liberties in order to satisfy the needs of a government. In the end, it depends on the reasoning. However, evaluating whether land should be taken up on a case by case scenario is inadequate; instead, set rules need to be established that can be applied to all scenarios of public domain, thereby protecting the rights of individuals.
Anonymous said…
Eminent Domain provides both pros and cons. The pros are it allows the government to take control of unused land and protect it from outside companies overusing such land. Another pro is that it allows infrastructure to be easily developed. The cons are that it takes away people’s personal and private land in order to provide for the rest. The use of eminent domain is highly controversial and a debate regarding ethics should be done for most cases.
Anonymous said…
I think that eminent domain has both its positives and negatives. While I believe it's a positive that the government can take control of land if needed for conservation or health reasoning, I think that more laws need to be placed beyond this. I don’t think it is right for one to be forced out of their home and therefore should be given a notice in advance rather than an abrupt order.
Anonymous said…
There are both pros and cons to eminent domain. While the government could potentially utilize unused land and prevent it from private enterprises, they also sometimes take away people’s private land for the benefit of the whole, exhibiting a utilitarianistic ideaology. Eminent domain also allows the area’s infrastructure to be developed properly, This shows how controversial eminent domain is, and it should continue to be debated to see if its useful or not.
Anonymous said…
Eminent domain has many benefits and consequences. One of the many benefits is that the government is able to preserve land and take it when they see fit which allows them to improve the land and build infrastructure and save it from being destroyed by human actions. However, sometimes the government goes against people’s will and take land from people when there is no reason to. In this case, eminent domain has consequences to the public. The ability of the government to take land whenever they want causes people to grow angry with the government. In my opinion, eminent domain is a good thing as long as there are valid reasons for the government to take the land. There should be rules and restrictions in place that limit when the government can and cant take it.
Anonymous said…
While the governments power in this case is concerning, I feel this issue lacks substantial evidence. If I was provided with specific examples similar to the one described in your article, I would be extremely worried. However, I feel the government will not grow to powerful in this instance. For one, the constitution protects the American people from unjust searches and seizures. Anyone who has their property taken, can take the issue to court. The government has to give up some compensation to its people and cannot simply operate at its own liberty. However, maybe I’m wrong, I’m not completely disregarding the possibility that this is a very real issue.
Anonymous said…
While the governments power in this case is concerning, I feel this issue lacks substantial evidence. If I was provided with specific examples similar to the one described in your article, I would be extremely worried. However, I feel the government will not grow to powerful in this instance. For one, the constitution protects the American people from unjust searches and seizures. Anyone who has their property taken, can take the issue to court. The government has to give up some compensation to its people and cannot simply operate at its own liberty. However, maybe I’m wrong, I’m not completely disregarding the possibility that this is a very real issue.
Anonymous said…
Eminent Domain has many positive and negative aspects of it. I think the governments power needs to be limited, but this also helps them preserve the environment. Often times th government will go against people and take land from them unfairly. The government should not have the power to do this. More rules and regulations need to be placed to make sure they are getting the land fairly and using it for good causes.
Anonymous said…
Eminent Domainn Can be really bad or good. The government should provide more money, more than just the value of the property, to the person. The person may have to completely change their life style and are being forced to work a lot to move. This makes the taking of p[property worth a lot more than it is worth. The system should be changed to include payments of work. The people who are bring forced off are working a lot to move and must be paid.

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