Unit 1: Discussion 22 22 unread replies. 22 22 replies. In this Unit Students Must: Respond to the Introductions. Respond to the Chapter 3 discussion thread and then respond to one of the remaining topics. Students should provide peer review for no less than three topics. 2. This is an important reminder: you can not use your primary textbook as a primary or secondary reference for any threads. THIS IS A 400 LEVEL CLASS that requires you to go well beyond the textbook. You can certainly indicate that you have read the textbook material but I expect your threads to go beyond the textbook. If your textbook is listed as first or second resource on your thread, the scoring rubric calls for loss of 2 full letter grades. I know that for many of you, this might be a little different policy than you have experienced in other courses but, nonetheless, this is my written policy. Please acknowledge in this thread that you have read my posting on the use of textbook and understand. Chapter 3: Property Rights and the Power of the State (Mandatory Thread) Our system of government provides for individuals the right to hold ownership to real estate utilizing the legal concept known as “fee simple ownership”. Yet, our system of government also provides for taxation on real estate holdings, eminent domain and police powers to establish rules, regulations, ordinances and zoning as it relates to real estate. What is “fee simple” ownership? What role does the government have to “police” our property rights, that is, to establish ordinances to regulate property appearance and conditions, property line setbacks, grass and weed control, trash or hazardous materials, abandon motor vehicles or the parking of RVs in the front yard. What is the role of a community zoning plan? Why allow zoning in the first place? And finally, what is your opinion on the issue of eminent domain as it pertains to your right to protect your property keeping in mind that the power of eminent domain is enumerated in the US Constitution? (It might be helpful to review James Madison’s writings in THE FEDERALIST PAPERS on the subject of eminent domain) It may also be helpful to review other US Supreme Court rulings prior to the Kelo case that addressed eminent domain.) What role did the Kelo case (US Supreme Court ruling) play in the state’s legislatures redefining the concept of eminent domain?

Discussion

‘Fee simple ownership’ is a term that is usually used to represent the highest form of ownership interest in real property. The property owner is entitled the full enjoyment of the real property. The ownership duration of the property by the real owner is not limited and can pass it along to the heirs at will (Kimmons, 2018). The owner is only limited by the zoning laws, covenants, or the subdivision laws. In other words, the one can do anything he wants with the property with always assuming he is not breaking the law. The government has a vital role to play to police people’s property rights. First, the government safeguards safety, health, and welfare of the community by maintaining the property in appropriate conditions. The government also ensures the economic value of the property is enhanced through the regulation maintenance and appearance of the property. In other words, the government has to police property rights for the provision of the abatement conditions which are usually offensive and also detrimental to the value of the property as well as the community appearance.

Zoning plan is a tool that is usually used in most cities to govern how the land is currently used and how it can be used in the future. The zoning plan governs the uses, how the buildings relate to the surrounding as well as the sizes of the buildings (Meck, 2000). The zoning plan should be allowed as it provides public safety as well as protecting the community’s character. It also plays an essential part in guiding the local governments in growth and developments of the communities.

   Eminent domain is usually referred to as the power of a sovereign state for taking a private property for public use without the property owner’s consent (Pritchett, 2003). In my opinion, despite the law being enshrined in the constitution, the law harms the landowners by forcing them to expend most of their valuable resources. I feel like this is a violation of the rights of the landowners and suggest that the law should be reviewed to ensure the protection of the constitutional right of private property ownership.

References

Kimmons, J. (2018, April 12). The balance of small business. Retrieved from Fee Simple Ownership in Real Estate: Definition and Exceptions: https://www.thebalancesmb.com/fee-simple-ownership-in-real-estate-2866601

Meck, S. (2000). The legislative requirement that zoning and land use controls be consistent with an independently adopted local comprehensive plan: a model statute. Wash. UJL & Pol’y, 3, 295.

Pritchett, W. E. (2003). The public menace of blight: Urban renewal and the private uses of eminent domain. Yale L. & Pol’y Rev, 21, 1.