Eminent Domain- Melvin M. Brandt Holding and Trust vs. United States Essay

Eminent Domain- Melvin M. Brandt Holding and Trust vs. United States - Essay Example The power of eminent domain therefore gives the state powers to take over land in and property and use it for public utility. This power does not consider the private owners hence goes ahead to take over the private property and use it for public interest whenever there is need. However, the state takes care of the welfare of the affected parties, after the process has been filed in the court then just compensation can be determined in the trial. Eminent domain is wide and does not only entail land and property but also patents, trade secrets and copyrights (V). However the amendment that states that the taking of land of property should only be for public and not any other purposes and that the affected parties should be justly compensated is to be adhered at all times However the us supreme court has consistently differed to the right of states to make their own determinations of public use (Wolf, USA Today News). Therefore always involves itself with offering fair judgments to cases involved with eminent domain. The court further insists that the preferred measure of just compensation should be a fair market value while putting into consideration the properties highest and best use. However this measure of compensation has been highly criticized because it omits from consideration a variety of incidental economic losses that a taking of land inflicts on its owners when they are evicted from their land and their businesses (Wolf, USA Today). Brandt concerns a quiet little action filed by the federal government involving a ten acre strip of land in Wyoming over which decades of failed railways operated in 1908, the government per tented thus granting land to Marvin and Lulu Brandt a plot of land including a portion of what was subjected to be the right of way.Several years later, the rail road abandoned the right of way. By the year 2004,the rail road had completed removing the track road and thus the