i know that I may take a beating on this post, but if you better understand the history of eminent domain, you will be better able to influence your legislators concerning its application. In the British Common Law, adopted by our U.S. Constitution as of 1789, ther are three great and inherent powers of government: the power to police: the power to tax; and the power to take your property. Constitutions incorporate limitations on these powers of government. Hence, the
Fifth Amendment to our Constitution limits the power of government, in part, to take your property by requiring that the taking be for a public use and that you be paid just compensation for the taking. But, that is the sole limitation on governmental taking. Thus, no additional legislation is necessary for government to exercise this right for the common good. As with any power, the power of eminent domain can be used for good or for ill purposes. It is the authority for government to build roads and ports and to sieze land to dynamite firebreaks to prevent a wider conflagrationand for government to prevent hoarding in times of national emergency. Think about the 1906 San Francisco Fire when homes were dynamited to stop the fire. Think also of the L.A. P.D. taking assault rifles from a gun shop when they found themselves outgunned by a pair of murderous bank robbers. The power is a necessity of government. What you want to think long and hard about is what limits you want your legilators to put on this power and under what circumstances. Those conclusions I leave to your own contemplation.