The Fifth Amendment to the United States Constitution states that private property shall not be taken for public use without just compensation. In the years since, this has been a source of great controversy. What is a public use? And what is just compensation? In this brief, we will examine the latter issue.
To fully understand this issue, we must first understand what is meant by just. Just is the root of justice. For something to be just, it must be fair or deserved. For compensation to be fair, it must be an expression of justice.
We must also understand what occurs when eminent domain is applied. Under eminent domain, a government entity can seize private property and then pay the owner what it—the government—deems is just. While this might sound good in theory, it is impossible in practice. And it is impossible in practice because it is actually bad in theory.
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