1/20 Eminent Domain and Martial Law

Eminent Domain The power of eminent domain allows the government to take private property for public use. The 5th Amendment restricts the government’s use of this power with the words “nor shall private property be taken for public use, without just compensation.” The term “just compensation” means the government must pay the property owner a fair price for the property condemned and seized. Remember to consider the “public good” and that the property owners will be given “just compensation.” In most instances the “public good” refers to health and safety issues. ---------- Martial Law Martial Law is defined as “temporary rule by military authorities, imposed on a civilian population especially in time of war or when civil authority has broken down.” In the United States, certain locales have imposed martial law during natural disasters to prevent looting and to secure areas that could expose people to potential harm. Supporters often sight health and safety issues when debating the need for “limited” martial law. Opponents challenge the obvious loss of individual liberty during the time when martial law is imposed. Use the information above, prior knowledge, and research to determine whether or not you believe Martial Law or Eminent Domain would apply to the following flashcard scenarios. Also, contemplate (think about), if you agree or disagree with the authorities?