Date of Award

1993

Document Type

Thesis

Degree Name

Master of Valuation Science

Department

Business

First Advisor

Susan Dunton

Second Advisor

Virgil O'Connor

Third Advisor

Otha Robinson

Abstract

Since the beginning of time man has always searched for justification in the acquiring of private property to serve some public need. In this endeavor, three explanations for this justification have evolved. They are 'higher law', 'sovereignty' and 'eminent domain', and each of these explanations has been used to forcefully take land from private individuals.

In the beginning land was taken without compensation, and this was justified by the concept of 'divine rule' and the inherent power of the state. Later in man's development, compensation was a stipend paid to the owner of the land in accordance with the prevailing social conscience, and this stipend was determined by the prevailing good will of the individuals representing the government, but not found in law.

With the development of the concept of 'free men' in the 'Magna Carta' (1215 A.D.); government attempted to define and circulate a concept of rights and privileges associated with citizenship in their society. However, even in this significant document, there is no mention of 'just compensation' for property seized by the state. Even in the writing and approval of the Constitution of the United States; the concept of 'just compensation' took over one hundred years to be enunciated and defined by the Supreme Court (1933).

So its no wonder that 'just compensation' and the use of 'eminent domain' are still primitive and harsh powers exercised by the state. No where is this more obvious than in the practice and procedures associated with the condemnation of 'businesses' and in the private extension of this 'power of eminent domain' in urban renewal activities.

Hope does exist, however, in the exercise of this power, as 'Eminent Domain' is a dynamic concept and its uses and practices have evolved over time and do show that changes in the prevailing social attitude and conscience can occur. Because of this tolerance toward changes; there is always the possibility that through reason and education the problems associated with the improper use of 'condemnation' will be addressed and corrected .

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