Eminent Domain

1. Eminent Domain Your right as a citizen!

2. Test Your Knowledge! • Scenario #1: Ryan, Sean and the Bike • Yes, Sean is being denied he his property rights. • Right to exclude • Scenario #2: Tina & the New Court House • No, Tina is being denied her property rights. • The government can take away property if they are building a new government building. A building to benefit the public. ALSO, Tina is being compensated (or paid for her property).

3. Scenario #3: New Computer & The Babysitter • Yes, you are being denied your property rights. • The right of use your property. • Scenario #4: Jamal & The New Casino • No, Jamal is being violated of his property rights. • He is getting “just compensation” • You can go to court if you don’t think it is enough. • Casino will create new jobs and increase state revenue

4. Scenario #6: Your Wii & Your Parents • Yes, you are being denied your property rights. • The right to transfer your property • You can decide who uses your property. • Scenario #7: Dirty Socks • Yes, you are being denied your property rights. • The right to dispose (or throw away) your property.

5. Scenario #7: Justin Bieber action figure & Ebay • No, you are not being denied a property right. • You have the right to transfer your property– that is what you are doing! • Scenario #8: Mark & the Shopping Center • No, Mark is not being denied his property rights. • The government can take away property when they are redeveloping areas that are struggling economically (poor).

6. What is it? • Eminent Domain: • The power of government agencies to acquire property for “public use” so long as the government pays “just compensation” (as long as they pay you a fair price)

7. Where does this come from? The 5thAmendment! “Taking Clause” No person shall be…deprived of life, liberty, or property, without due process of law…nor shall private property be taken for public use, without just compensation”

8. Why might the government be allowed to take your property sometimes? • Public Services: Roads, schools, hospitals, fire houses, parks, government buildings • To clear out and replace areas that are in poor condition

9. Property Rights • Acquire Property • Own Property • Use Property • Transfer/Dispose of Property • Exclude property

10. Economic Freedom “The ability to own, control, and make decisions about the use of your own belongings.” (If you live in a free society, you have the freedom to exercise your property rights!)

11. The Kelo Case Story • In your groups, you will assign: • 2– City of New London and New London Development • 2– Kelo and Devy Families • 1 or 2– Judges • Take notes during debate • Decide on evidence who wins! • City/Development of New London & Kelo and Devy Families will have 2 minutes to write notes.

12. Scenario 1: • Would you consider yourself free if you bought a pen but were only allowed to do homework with it? No! Because you have the right to use your property on whatever you would like.

13. Scenario 2: • Would you consider yourself free if you brought some Girl Scout Cookiesto lunch and you wanted to share with your friends but the people on lunch duty told you that you couldn’t give any away? No! Because you have the right to transfer property.

14. Scenario 3: • Would you consider yourself free if you went into Aeropostale and weren’t allowed to buy anything? No! Because you have the right to acquire property.

15. Scenario 4: • You’re looking forward to getting a brand new bike! In order to make room for it in your garage, you must get rid of your tricycle. Would you be considered free if someone told you couldn’t throw it away? No! Because you have the right dispose of your property.

16. Scenario 5: • Would you consider yourself free if you drove around in the same car every day but you were never allowed to own it? No! Because you have the right to own your property!

17. Scenario 6: • Would you consider yourself free if you owned an iPod but you could not stop others from using it? No! Because you have the right to exclude others from using your property.