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>> The right of the individual is less important to know when the uh... when the
right of the majority is at stake.
>> Hi, the topic right now is eminent domain.
Uh... Professor Obasohan, define the concept of eminent domain for students.
>> Eminent domain is the constitutional right of the government
to take private property for public use,
with adequate
compensation.
Okay, Professor Gaffaney, can you actually give me an example, let's say, something current where
this has been in the news?
>> I can. There is, in fact, a trend across the United States where cities are
trying to, um, stimulate the economy by forming development plans that include taking private
property
and handing it over to development agencies to build things like shopping malls.
There's a, there's a question about whether that is actually public use or not, under
the definition in the 5th Amendment. >> Now, Professor Obasohan, you mentioned that it's
a constitutional right of the government to do this?
Uh... I think that might confuse some students. Doesn't the constitution protect the
rights of individuals and citizens? I mean, where does the government get the power to
do this, really? I mean, what are they doing when they take property from people?
>> Well uh... the right of the individual is less important, you know, when the uh... when
the right of the majority's at stake.
Uh... if the city to go down financially
and the city believes that a private property will help the city, you know, stand,
I think, you know, that, it makes only sense for the city, to try and buy out that individual
property for publicly use. It's like, you know, expanding the freeway.
You know uh... as we tape this, you know, I believe you in Californian, you know, you need like, 5,
6, 7, you know, freeways going one direction.
So uh... it has to come from somewhere, you know, somebody's private property, you know,
may be at stake as a result of this. >> So, the the trend then, Professor Gaffaney, that you're speaking about,
that I guess, taking
private property to hand over to other private interests,
does that mark uh... a major change in the way that eminent domain is used? >> I think so.
>> compared to previously? >> This all begain in 2005 with a case called Keller vs New London,
and I think this is
far cry from building a freeway or making sure that our railroad has a direct
route across the country.
This is taking private property and giving it to private developers, you know, which is
different. It's, it's questionable. Is, you know, if you're poor, um, is your house suddenly
at risk because the city can get more tax money
through us some big block store
being put in, or, you know, do you have any rights? So, this is being litigated
right now. >> Well, I guess, you know this is an interesting topic, and it is probably not one that
our students have heard a lot about in the media. But, you know, I,I, guess as things get tight
economically, in the United States, we might be hearing more about eminent domain in the future.
Uh... thank you very much! Thanks you guys! That was great!