WEIGHING AND REWEIGHING EMINENT DOMAIN'S POLITICAL PHILOSOPHIES POST-KELO
In: Wake Forest Law Review, Jg. 41 (2006-04-01), S. 237
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Zugriff:
I. Introduction Referring to the emergence of the civil rights movement, Justice Felix Frankfurter wrote that "yesterday the active area ... was concerned with "property.' Today it is "civil liberties.' Tomorrow it may again be "property.'" 1 Frankfurter's tomorrow has arrived - that is, if media attention is an accurate gauge of what area is "active." Two of the most anticipated and widely covered decisions from the Supreme Court's October Term 2004 involved issues of property law. One of the headline-grabbing cases addressed the legality of music and movie downloads from the Internet under copyright law. 2 The other property issue in the limelight, both before and after the Court's decision, involved the one property issue that has rocketed into courtrooms and newspapers around the nation - eminent domain. 3 Eminent domain refers to the authority of the sovereign to seize an individual's private property without the consent of that individual. 4 In other words, eminent domain weighs the delicate balance between governmental power and the rights of the individual citizen in favor of governmental power. More fundamentally, eminent domain affects the relationship between individual citizens because the government's exercise of eminent domain involves individuals who surrender property for the benefit of other legal persons. In short, eminent domain prioritizes the relationships of individuals in society, both human and corporate, by reallocating real property rights. However, the social restructuring that accompanies eminent domain comes at a cost for the government. It is not a naked assertion of power at ...
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WEIGHING AND REWEIGHING EMINENT DOMAIN'S POLITICAL PHILOSOPHIES POST-KELO
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Autor/in / Beteiligte Person: | Lopez, Alberto B. |
Zeitschrift: | Wake Forest Law Review, Jg. 41 (2006-04-01), S. 237 |
Veröffentlichung: | 2006 |
Medientyp: | academicJournal |
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