Eminent Domain Essay

1. Is taking property through eminent domain fair? No, because focusing a person out of his or her property isn’t fair like the quick take power. Especially, when they only give you just compensation and don’t really give you full value on your house. There should be balance between what the government can with a person’s property, for what they believe is for the greater public good. 2. Is current fair market value "just and equitable" eminent domain pricing for property  owners that owe more than the property is worth? Why or why not? No because if the owner owes more than what there house is worth then they still have the cover the rest of the mortgage loan even when they do not own the property anymore. 3. Does your answer to the previous question depend upon whether the property is  residential or commercial? Why or why not? Yes, because when your taking space from a commercial place it can cause them to lose money or business and the government will not cover the lose. 4. Should the Abounding Grace Church be treated differently than the Zanzibar Lounge based on the publically perceived difference in moral purpose of each establishment? I my opinion I do not think so, along as both places pays their taxes and abides by the laws then they should be treated equally. Because both places were thriving and it’s costing their employee’s to lose their job. Just because their means of making money are different, these businesses should be treated equal. 5. Should a "replacement cost" analysis that takes into account the owner's financial position be implemented? Yes, because from the case the church still owes the bank money on the property and they no longer have the property. 6. Should it matter if the owner's existing mortgage is recourse or non-recourse? Yes, because on a recourse loan the lender can come after there other assets or sue and for non-recourse the borrower can sell or the lender has to just walk away with the difference. 7. Assuming home prices bounce back to well above historical averages in the next decade, | should homeowners be compensated today for the lost opportunity for appreciation infuture years when their property is taken through eminent domain? No, because there property is no longer in there possession. It is unfortunate that they lost their property and not they can not capitalize on that opportunity. However, I do think that they government

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