Kelo-Eminent Domain and Inverse Condemnation

Kelo-Eminent Domain and Inverse Condemnation

Background Study

In the field of the affectations of the economic rights of citizens, the institution of expropriation is ranked as the most incisive administrative privileges and turn as one of the more sensitive the system of guarantees that enshrines the rule of law. The rough sense as it has acquired the power to expropriate is in intimate connection with the current conception of property rights and the principles that inform the public regulation of the economic order are constitutional parameters that determine the legitimacy of intervention field of administrative powers on the assets of citizens. It is then, that the expropriation is within the regulatory context stands as the most pervasive of these powers by imposing singular imperative deprivation of private property or legitimate property rights and interests, whatever they were the entities or persons belong. The radical claim ownership rights in the Roman formula as tangentially all right, sacred and inviolable that inspired nineteenth-century exegesis civilian recognition and significantly reduced the scope of eminent domain, which explains the exceptional figure in the wording of Article 925 of the Peruvian Civil Code. Within a historical context, individualistic sense of ownership and its conception as a source of domination and wealth explains the search for security and guarantee of those rights that gave birth to the first French law of eminent domain, and promulgated on 08 March 1810. Since then, the Legislative Evaluation expropriation in Spain (as well as in other states) has been directly linked to the extent to which the constitutions of the nineteenth century shaped the law of property and guarantees.

In the 1960s, many South American countries went through economic and political crisis. The import-substituting industrialization came in great difficulties, which led to the search for solutions to this gridlock. Moreover, the economic difficulties, the impact of the Cuban revolution and other factors led to intense mobilization and politicization of the popular sectors, giving cause for concern to the military in these countries. Soldiers more convinced than before in their technical and intellectual capacity through the courses that followed military superiors in the armed forces were increasingly convinced of the inability of civilians to address national problems and provide solutions that these countries required. It was in these circumstances that in some countries established military regimes exhibit different characteristics from those with previous military regimes. For example, the newly minted military regimes failed to serve the interests of civil groups. No intervention to control the chaos and restore order to immediately return to the barracks, but assumed the power to carry out a project of transformation political, economic, social and cultural development. The coup did not take the form of rebellion by some commanders of garrisons, but were executed in an orderly manner according to orders from the High Command. The ideas that supported these new types of military regimes were called "National Security Doctrine.

This is the basis for integration between state and society in all spheres of national activity, ...