Power of Eminent Domain Overview

Study Notes

Congress, the President, administrative bodies, and local government units exercise governmental powers.
Power of Eminent Domain: Allows the state to take private property for public use, with compensation to the owner.
Key requisites for eminent domain:
- Necessity for public use, addressing immediate societal needs.
- Recognition of private property, applicable to all forms of property.
- Definition of taking, including dispossession, trespass, or impairment of property's value.
- Public use must benefit the majority of people.
- Just compensation equates to fair market value, accounting for consequential damages and benefits.
- Due process involves notifying owners and the right to appeal property assessments.
Power of Taxation: Enables the state to impose charges for government operations.
Exercises by Congress and local governments, can be delegated to other administrative bodies.
Key requisites for taxation:
- Due process, including notice and hearings before imposing taxes.
- Equal protection, ensuring fair and uniform tax rates.
- Proceeds are dedicated to government projects benefiting constituents.

Government comprises entities making, enforcing, and implementing political decisions.
Includes national, local governments, and government-controlled corporations.
Central duty is to serve and protect the populace (Article II, Section 4).
Specific functions:
- Provides essential services like infrastructure, healthcare, and disaster relief.
- Establishes laws to protect life, liberty, and property rights.
- Manages natural resources and regulates businesses.
- Engages in foreign relations and enters treaties with other states.

National Government: Central authority distinct from local governments.
Local Government: Political subdivisions recognized by the constitution.
Forms of government:
- Autocracy: Rule by a single person, examples include absolute monarchy and totalitarian dictatorship.
- Oligarchy: Governance by a small privileged group, including aristocracy, military junta, and communist totalitarianism.
- Democracy: Power resides with the people, can be direct (citizen participation) or indirect (elected representatives).
  - Direct, Indirect, Presidential, Parliamentary democracies explained.
  - Constitutional Monarchy: Monarch shares power with elected officials.
De Jure vs. De Facto Government:
- De Jure: Established according to constitutional law.
- De Facto: Operates without constitutional legitimacy, often through force.

Democratic Nature: Sovereign power lies with the people, emphasizing majority rule.
Republican Structure: Citizens elect representatives to convey their decisions in government.
Presidential Form: President serves as both head of state and government, elected by popular vote.

Separation of Powers: Distinct authority for legislative, executive, and judicial branches.
Checks and Balances: Prevent concentration of power within a single branch.
Blending of Powers: Collaborative functions between branches, as seen in law-making processes.

Sovereignty: The ultimate authority of a political unit to govern itself; defined by Jean Bodin and Blackstone.
Types of Sovereignty:
- Legal Sovereignty: Authority expressed in the constitution and laws.
- Political Sovereignty: Power vested in the electorate through elections.
- Internal Sovereignty: Law-making capacity within the territory.
- External Sovereignty: Recognition of territorial jurisdiction internationally.
Characteristics of Sovereignty:
- Permanence: Exists as long as the state does.
- Absolute: Not subject to external control or restrictions.
- Comprehensive: Authority over all inhabitants within the territory.
- Indivisible: Monopoly of power, though it may be delegated.
Sovereignty implies independence, highlighting the autonomous authority of the state.