Can Eminent Domain Save Underwater Homeowners?

Release time：2012-10-10
Browse：4318

In San Bernardino County, Calif., half of the houses are "underwater," meaning the houses are worth less than the amount owed on the mortgage. Greg Devereaux, the county's chief executive officer, is considering using eminent domain to help solve this problem. As Joe Nocera wrote in his July 9, 2012, New York Times column, "When you first hear this idea, it sounds a little crazy." However, Nocera goes on to say, "the more closely you look at it, the more sense it starts to make."

The Fifth Amendment to the U.S. Constitution gives the government the right to take private property for public benefit as long as it serves a "public use" and there is "just compensation." The most common uses of eminent domain are for building or expanding roads, subways, and utilities. For example, New York City used eminent domain to secure the subsurface rights to over 1,800 properties in order to construct a tunnel for its water system.
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