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Bill: Eminent Domain Reform Bill

Details

Submitted by[?]: Democratic Rationalists (PrCoa)

Status[?]: passed

Votes: This is an ordinary bill. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.

Voting deadline: December 2569

Description[?]:

Eminent Domain is a much maligned concept. Its exercise is predicated on two conditions:

1) That there be a legitimate "public use" contemplated for property to justify its exercise, and

2) That the "victims" of Eminent Domain be awarded "just compensation" for their property.

So limited, Eminent Domain is legitimate exercise of power on behalf of the public good. Sometimes it is necessary to build roads, parks, hospitals: sometimes the land required to do so is privately owned. In such cases where private parties refuse to sell the land required for a public purpose, it is reasonable to say the public good must override the private will. That's when Eminent Domain is appropriate.

It is important to realize that the government rarely exercises its Eminent Domain power. Typically, the government negotiates a fair price with parties at arms length. When Eminent Domain has been exercised in Aloria's past, it has been done following the failure of negotiations for much needed land. The University of Sildar needed land owned by private landlords to build a set of badly needed dormitories for students. Though it could have exercised its Eminent Domain power, the University waited a full decade for each landlord to agree to sell his land by natural operation of the market. Were the land needed for something more pressing than dormitories; say, a hospital for students, at a location convenient for them to access by foot, it would have been appropriate to exercise Eminent Domain if needed to promote the public health and safety.

The present policy is the functional nullification of Eminent Domain. Though provinces have a nominal power to exercise Eminent Domain, the simple fact is that the federal rule permits landowners to set prices at rates designed to prevent the sale.

Our proposed policy seeks a balance. Landowners are permitted to set the price in the first instance; but the government may choose to bear the cost of an appeal to a court if the price set is so high that it is designed to nullify the exercise of the Eminent Domain power. Courts will give landowners wide latitude in setting their prices, but will reserve the right to set prices in the most extreme cases.



Proposals

Debate

These messages have been posted to debate on this bill:

Date19:17:27, April 30, 2008 CET
FromConservative Union
ToDebating the Eminent Domain Reform Bill
MessageYes.

subscribe to this discussion - unsubscribe

Voting

Vote Seats
yes
       

Total Seats: 455

no
  

Total Seats: 253

abstain
 

Total Seats: 42


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