Levy (2013) asserted that eminent domain refers to the absolute power that the government enjoys over all the properties within a given state. Most fundamentally, it refers to the unchallenged authority of the government to engage in the procurement of property for public use. Utilities such as the private and public companies also practice eminent domain in certain situations where they need to procure property to run water, power, and gas lines. For a government to proclaim the eminent domain, it must begin by buying a property from an owner with strict adherence to the fair market value. The government will exercise its eminent domain powers if the owner is unwilling to sell the property by filing a court order. The government will table its evidence of fair market practice and also regarding the fact that the property was meant for public utility. If the government wins, they assume the ownership of the property. However, the property owner may still appeal the decision.
Government zoning is a process involving restriction and regulation of property by action of a local government. Unlike the eminent domain, zoning involves the local authority interventions regarding how property, for instance, land, can or cannot be utilized in certain areas. In eminent domain, the government attempts to buy private property leading to a change in hands. On the contrary, zoning does not involve any purchase of property and is only a form of restriction. Police power also significantly differs from eminent domain. Police power is a regulatory endeavor aimed at restoring order and enforcing the law. It has nothing to do with the exchange of property.
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An example of an eminent domain case pitted a couple by the name Andy and Ceil Barrie in Colorado. They owned vast tracts of land surrounded by the White National Forest. The county bought to purchase the land, but with minimal success, they filed an eminent domain case. The county finally purchased the land at $115,000 (Acuna & Mangan, 2014).The critical issue in the case was whether the eminent domain could be used to buy land where the owners are not interfering with the public utility. In another case, James Dupree's art studio was purchased by the government and converted into a shopping mall. The case here is how eminent domain can be used to justify the usefulness of the public use.
References
Acuna, A. & Mangan, F. (2014). Colorado couple fights to save the land from eminent domain. Retrieved on October 21, 2014, from http://www.foxnews.com/politics/2014/04/08/colorado-couple-fights-unusual-eminent-domain-bid-to-seize-land/
Levy, J. M. (2013). Contemporary urban planning (8th ed.). Upper Saddle River, NJ: Pearson-Prentice Hall Press.
