Point/Counterpoint: Eminent Domain

Point/Counterpoint: Eminent Domain

EDITOR’S NOTE: Sometimes Evening Sun reporters just like to argue. This week, Tyler Murphy and Jeff Genung debate a topic that’s been in the local news a lot lately – the use of “eminent domain” – the seizure of private lands for public use.

Eminent domain is a required policy in our modern times. As our country progresses forward, we will continue to encounter the issue of the public demand versus private rights. As populations grow and demand for every resource increases, we will need to take steps to ensure that the needs of the many are measured against the needs of the one. In situations where some private sacrifice is needed in order to ensure the greater public good, then those actions can be justified. This is a widely accepted belief by most people until they are the ones asked to give the sacrifice. This selfish contention is in the face of a common and correct moral decision that would be easily made when the affected party was abstract from the unforeseen consequence that ultimately affected them. Deciding after the fact it isn’t right because you’re the one that must give to the public is wrong. Another justifiable reason is the fact we are a democracy; the government has an organized system that will allow representatives and public input to approve such a decision. We have the power of vote and because of this, we have the power to approve and disapprove. – TDM

Another thing we have is a Constitution, written by our Founding Fathers to protect our certain inalienable rights. I’d direct your attention to the Fifth Amendment of that Constitution, which includes at its tail end a “takings clause” which essentially prevents the assumption of private property for public use without proper compensation. It’s a precept on which our democracy was built, and one that stood the test of time – until relatively recently in our nation’s history. As corporate manifest destiny sticks its tendrils into every facet of modern life, the notions of “public use” and “proper compensation” have been muddied to the point where Joe Property Owner can’t be certain what his government’s intentions are toward his land at any point. Living in fear of what the government can do to you doesn’t sound like a democracy at all to me. – JMG

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