Is eminent domain constitutional?
Yes, the federal and state constitutions support the principle of eminent domain, which is also known as the right of government to take private property for public use. In the United States, eminent domain is protected by both the Fifth Amendment to the United States Constitution and Article 1, Section 17 of the South Carolina Constitution. The Fifth Amendment states that private property shall not be taken for public use without just compensation. This means that if the government needs to take land from an individual for a project, the individual must receive fair market value for that land. Likewise, Article 1, Section 17 of the South Carolina Constitution also affords the right of eminent domain, as it states that "[n]o person shall be disturbed in his private affairs, or his property taken or applied to public use, without just compensation therefor." The point of eminent domain is to ensure that the public is able to benefit from certain projects, such as the construction of highways and bridges. Although it may be inconvenient for those who lose their land in the process, it is constitutionally permissible as long as they receive just compensation.
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