Eminent Domain

One of the most disturbing issues in the history of the United States is the viability of eminent domains. Descriptively eminent domain is the power that is given to the federal government to acquire private land for public use. It is a contentious matter seeing that it is not explicitly covered in the constitution. Property rights of the United States, however, state that private property should not be infringed on not even by the federal government but only on justified grounds. The issue of eminent domains has therefore caused two stringent sides, one composed of libertarians and the other one made of the free market conservatives. The view of the eminent domains according to free-market conservatives is that it is just fair use of state power while libertarians believe that it is an abuse of power and unjustified. However, observing eminent domains, it is justified the use of state power just like the free market conservatives believe.

Libertarians believe that the government should have the ability to use the most minimum resources at its exposure to run the affairs of the nation eventually. Libertarians think that the land and property which was owned by previous governments was just enough for the next governments to work with. Libertarians, therefore, believe that the government should rarely acquire new property as they believe the agenda would not be a justified one. They also believe that the government should not obtain property from individuals just to be making profit and hence they believe that such government-owned institutions such as parks and monuments should be privately run. According to libertarians thus, the government should buy property only where the owner is willing to sell them lest it would be a misuse of power.

Free market conservatives have a different view of the eminent domain. They believe that the power of the government to acquire private land for public use is justified because it is directed towards ensuring the common good. Whenever government acquires private property and makes it public property, there is an expansion in social wealth which benefits all the members of the society. Therefore, the view of the free market conservatives that the government uses its power in the right manner when acquiring private property is heavily grounded in the ability of the government to make the individual property satisfying of the wants of the society at large.

Free market conservatives, just like the Supreme Court of the United States when justifying eminent domain believe that the very act of identifying private property that could be used for public utility is necessary and proper. According to them, the government does not approach private property to make it public property but rather operates in honor of the people. They also believe that the government makes proper compensation on the same and hence state power is used in the right manner seeing that payment is done. 

In conclusion, the issue of eminent domain still remains a critical matter that divides the people of the United States in opinion. While libertarians believe that it is a wrong use of government power, free-market conservatives believe that it is justified use of state power. On a critical observation, however, the government acquires the land for the common good of the public and also compensates the owners of the private property effectively in such cases. Eminent domain is therefore justified use of state power by the federal government.