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Java Games: Flashcards, matching, concentration, and word search. |
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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?
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| In the 1960’s, in several U.S. cities, civil rights riots became a weekly event. Buildings were bombed, stores were looted, entire neighborhoods were burned to the ground. | Martial Law |
| In order to prevent flooding and to provide additional revenues for the state and local government, thousands of acres of rich farmland and a small town are condemned, dammed, and flooded by the Corps of Engineers to build a lake. | Eminent Domain |
| In order to widen major streets in the city, the government condemns and seizes the front yards of a number of homeowners. | Eminent Domain |
| When devastating hurricanes destroy towns and communities along the south eastern seaboard, for public safety people are forced to move to safer ground, limit traffic, and virtually “shut down” the area? | Martial Law |
| In order to bring electricity to a community for a reduced cost, the energy company has asked the government to secure small portions of land through the middle of hundreds of acres of farm land for over sixty miles of utility poles and overhead lines. The poles will have to be placed in the fields, causing farm machinery to swerve around the poles in order to plant and work the fields. | Eminent Domain |
| The city needs a fire station in a new area of town that has had a residential housing boom. The city has decided to condemn one or two older homes in order to build a fire station close to the new suburb. Should the safety of the newer families outweigh the rights of established home owners, even if their homes are not as valuable to the tax roles? | Eminent Domain |
| In order to build a nuclear power plant to serve thousands of customers, several farmsteads will have to be condemned and seized. One particular farm owner is very unhappy. He doesn’t want to have his older home demolished and the ground taken because his great grandfather had homesteaded the land in the 1860’s. It has been in the family ever since. Should the needs of the utility customers outweigh his property rights? | Eminent Domain |
| If a tornado were to destroy a town near you, would you feel safer if the national guard were called out to prevent people from going into damaged buildings, drinking unsafe water, or looting damaged businesses? For safety reasons, a curfew would be established. | Martial Law |
| Following the 9/11/2001 terrorist attack, portions of New York City were placed under military control. Do you think that was necessary? | Martial Law |
| In Ohio, one city wants to seize about 50 houses and four apartment buildings, in order to build a $151 million shopping, movie, and townhouse complex. The city argues that the project will bring in a lot more revenue to the city than the property taxes paid by the current residents. One of the homes is owned by an older couple who has lived in the house for 40 years, raised their children, and enjoy their neighbors. Opponents charge that the benefits will go to the developers who will build the complex and make millions of dollars in the process. | Eminent Domain |
| In order to build an interstate highway, hundreds of homes are demolished and farmland is divided by a concrete ribbon of road. Do the needs of a nation to move vehicles more efficiently outweigh the rights of the property owners in its path? | Eminent Domain |
| For 50 years, Texas gulf shrimp have been packaged and transported from a business called Western Seafood in Freeport. The city wants to acquire the land (putting the company out of business) in order to allow a privately owned yacht marina to locate there. The city hopes to bring new visitors and business to the town. | Eminent Domain |
| In New Jersey, the term “for public use” has been expanded to incorporate economic development. For a number of years, municipalities have taken private residential areas, paid the home owners “fair market value,” then sold the land to developers to build structures that will produce more tax revenue. People are paid $40,000 to $60,000 for their homes, but can’t find a similar home to purchase in a neighboring district for under $160,000. | Eminent Domain |
| Consider “progress.” We assume it is important for the government to have the ability to take land in order to provide for an ever-growing population and the needs of important technological improvements. | Eminent Domain |
| In 1981, Poland declared martial law in order to prevent democratic movements from gaining popularity and political power. Could this happen in the U.S.? | Martial Law |
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