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Advanced Placement (AP)

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If you're planning to take the AP Language (or AP Lang) exam , you might already know that 55% of your overall exam score will be based on three essays. The first of the three essays you'll have to write on the AP Language exam is called the "synthesis essay." If you want to earn full points on this portion of the AP Lang Exam, you need to know what a synthesis essay is and what skills are assessed by the AP Lang synthesis essay.

In this article, we'll explain the different aspects of the AP Lang synthesis essay, including what skills you need to demonstrate in your synthesis essay response in order to achieve a good score. We'll also give you a full breakdown of a real AP Lang Synthesis Essay prompt, provide an analysis of an AP Lang synthesis essay example, and give you four tips for how to write a synthesis essay.

Let's get started by taking a closer look at how the AP Lang synthesis essay works!

Synthesis Essay AP Lang: What It Is and How It Works

The AP Lang synthesis essay is the first of three essays included in the Free Response section of the AP Lang exam.

The AP Lang synthesis essay portion of the Free Response section lasts for one hour total . This hour consists of a recommended 15 minute reading period and a 40 minute writing period. Keep in mind that these time allotments are merely recommendations, and that exam takers can parse out the allotted 60 minutes to complete the synthesis essay however they choose.

Now, here's what the structure of the AP Lang synthesis essay looks like. The exam presents six to seven sources that are organized around a specific topic (like alternative energy or eminent domain, which are both past synthesis exam topics).

Of these six to seven sources, at least two are visual , including at least one quantitative source (like a graph or pie chart, for example). The remaining four to five sources are print text-based, and each one contains approximately 500 words.

In addition to six to seven sources, the AP Lang exam provides a written prompt that consists of three paragraphs. The prompt will briefly explain the essay topic, then present a claim that students will respond to in an essay that synthesizes material from at least three of the sources provided.

Here's an example prompt provided by the College Board:

Directions : The following prompt is based on the accompanying six sources.

This question requires you to integrate a variety of sources into a coherent, well-written essay. Refer to the sources to support your position; avoid mere paraphrase or summary. Your argument should be central; the sources should support this argument .

Remember to attribute both direct and indirect citations.

Introduction

Television has been influential in United States presidential elections since the 1960's. But just what is this influence, and how has it affected who is elected? Has it made elections fairer and more accessible, or has it moved candidates from pursuing issues to pursuing image?

Read the following sources (including any introductory information) carefully. Then, in an essay that synthesizes at least three of the sources for support, take a position that defends, challenges, or qualifies the claim that television has had a positive impact on presidential elections.

Refer to the sources as Source A, Source B, etc.; titles are included for your convenience.

Source A (Campbell) Source B (Hart and Triece) Source C (Menand) Source D (Chart) Source E (Ranney) Source F (Koppel)

Like we mentioned earlier, this prompt gives you a topic — which it briefly explains — then asks you to take a position. In this case, you'll have to choose a stance on whether television has positively or negatively affected U.S. elections. You're also given six sources to evaluate and use in your response. Now that you have everything you need, now your job is to write an amazing synthesis essay.

But what does "synthesize" mean, exactly? According to the CollegeBoard, when an essay prompt asks you to synthesize, it means that you should "combine different perspectives from sources to form a support of a coherent position" in writing. In other words, a synthesis essay asks you to state your claim on a topic, then highlight the relationships between several sources that support your claim on that topic. Additionally, you'll need to cite specific evidence from your sources to prove your point.

The synthesis essay counts for six of the total points on the AP Lang exam . Students can receive 0-1 points for writing a thesis statement in the essay, 0-4 based on incorporation of evidence and commentary, and 0-1 points based on sophistication of thought and demonstrated complex understanding of the topic.

You'll be evaluated based on how effectively you do the following in your AP Lang synthesis essay:

Write a thesis that responds to the exam prompt with a defensible position

Provide specific evidence that to support all claims in your line of reasoning from at least three of the sources provided, and clearly and consistently explain how the evidence you include supports your line of reasoning

Demonstrate sophistication of thought by either crafting a thoughtful argument, situating the argument in a broader context, explaining the limitations of an argument

Make rhetorical choices that strengthen your argument and/or employ a vivid and persuasive style throughout your essay.

If your synthesis essay meets the criteria above, then there's a good chance you'll score well on this portion of the AP Lang exam!

If you're looking for even more information on scoring, the College Board has posted the AP Lang Free Response grading rubric on its website. ( You can find it here. ) We recommend taking a close look at it since it includes additional details about the synthesis essay scoring.

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Don't be intimidated...we're going to teach you how to break down even the hardest AP synthesis essay prompt.

Full Breakdown of a Real AP Lang Synthesis Essay Prompt

In this section, we'll teach you how to analyze and respond to a synthesis essay prompt in five easy steps, including suggested time frames for each step of the process.

Step 1: Analyze the Prompt

The very first thing to do when the clock starts running is read and analyze the prompt. To demonstrate how to do this, we'll look at the sample AP Lang synthesis essay prompt below. This prompt comes straight from the 2018 AP Lang exam:

Eminent domain is the power governments have to acquire property from private owners for public use. The rationale behind eminent domain is that governments have greater legal authority over lands within their dominion than do private owners. Eminent domain has been instituted in one way or another throughout the world for hundreds of years.

Carefully read the following six sources, including the introductory information for each source. Then synthesize material from at least three of the sources and incorporate it into a coherent, well-developed essay that defends, challenges, or qualifies the notion that eminent domain is productive and beneficial.

Your argument should be the focus of your essay. Use the sources to develop your argument and explain the reasoning for it. Avoid merely summarizing the sources. Indicate clearly which sources you are drawing from, whether through direct quotation, paraphrase, or summary. You may cite the sources as Source A, Source B, etc., or by using the descriptions in parentheses.

On first read, you might be nervous about how to answer this prompt...especially if you don't know what eminent domain is! But if you break the prompt down into chunks, you'll be able to figure out what the prompt is asking you to do in no time flat.

To get a full understanding of what this prompt wants you to do, you need to identify the most important details in this prompt, paragraph by paragraph. Here's what each paragraph is asking you to do:

  • Paragraph 1: The prompt presents and briefly explains the topic that you'll be writing your synthesis essay about. That topic is the concept of eminent domain.
  • Paragraph 2: The prompt presents a specific claim about the concept of eminent domain in this paragraph: Eminent domain is productive and beneficial. This paragraph instructs you to decide whether you want to defend, challenge, or qualify that claim in your synthesis essay , and use material from at least three of the sources provided in order to do so.
  • Paragraph 3: In the last paragraph of the prompt, the exam gives you clear instructions about how to approach writing your synthesis essay . First, make your argument the focus of the essay. Second, use material from at least three of the sources to develop and explain your argument. Third, provide commentary on the material you include, and provide proper citations when you incorporate quotations, paraphrases, or summaries from the sources provided.

So basically, you'll have to agree with, disagree with, or qualify the claim stated in the prompt, then use at least three sources substantiate your answer. Since you probably don't know much about eminent domain, you'll probably decide on your position after you read the provided sources.

To make good use of your time on the exam, you should spend around 2 minutes reading the prompt and making note of what it's asking you to do. That will leave you plenty of time to read the sources provided, which is the next step to writing a synthesis essay.

Step 2: Read the Sources Carefully

After you closely read the prompt and make note of the most important details, you need to read all of the sources provided. It's tempting to skip one or two sources to save time--but we recommend you don't do this. That's because you'll need a thorough understanding of the topic before you can accurately address the prompt!

For the sample exam prompt included above, there are six sources provided. We're not going to include all of the sources in this article, but you can view the six sources from this question on the 2018 AP Lang exam here . The sources include five print-text sources and one visual source, which is a cartoon.

As you read the sources, it's important to read quickly and carefully. Don't rush! Keep your pencil in hand to quickly mark important passages that you might want to use as evidence in your synthesis. While you're reading the sources and marking passages, you want to think about how the information you're reading influences your stance on the issue (in this case, eminent domain).

When you finish reading, take a few seconds to summarize, in a phrase or sentence, whether the source defends, challenges, or qualifies whether eminent domain is beneficial (which is the claim in the prompt) . Though it might not feel like you have time for this, it's important to give yourself these notes about each source so you know how you can use each one as evidence in your essay.

Here's what we mean: say you want to challenge the idea that eminent domain is useful. If you've jotted down notes about each source and what it's saying, it will be easier for you to pull the relevant information into your outline and your essay.

So how much time should you spend reading the provided sources? The AP Lang exam recommends taking 15 minutes to read the sources . If you spend around two of those minutes reading and breaking down the essay prompt, it makes sense to spend the remaining 13 minutes reading and annotating the sources.

If you finish reading and annotating early, you can always move on to drafting your synthesis essay. But make sure you're taking your time and reading carefully! It's better to use a little extra time reading and understanding the sources now so that you don't have to go back and re-read the sources later.

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A strong thesis will do a lot of heavy lifting in your essay. (See what we did there?)

Step 3: Write a Strong Thesis Statement

After you've analyzed the prompt and thoroughly read the sources, the next thing you need to do in order to write a good synthesis essay is write a strong thesis statement .

The great news about writing a thesis statement for this synthesis essay is that you have all the tools you need to do it at your fingertips. All you have to do in order to write your thesis statement is decide what your stance is in relationship to the topic provided.

In the example prompt provided earlier, you're essentially given three choices for how to frame your thesis statement: you can either defend, challenge, or qualify a claim that's been provided by the prompt, that eminent domain is productive and beneficial . Here's what that means for each option:

If you choose to defend the claim, your job will be to prove that the claim is correct . In this case, you'll have to show that eminent domain is a good thing.

If you choose to challenge the claim, you'll argue that the claim is incorrect. In other words, you'll argue that eminent domain isn't productive or beneficial.

If you choose to qualify, that means you'll agree with part of the claim, but disagree with another part of the claim. For instance, you may argue that eminent domain can be a productive tool for governments, but it's not beneficial for property owners. Or maybe you argue that eminent domain is useful in certain circumstances, but not in others.

When you decide whether you want your synthesis essay to defend, challenge, or qualify that claim, you need to convey that stance clearly in your thesis statement. You want to avoid simply restating the claim provided in the prompt, summarizing the issue without making a coherent claim, or writing a thesis that doesn't respond to the prompt.

Here's an example of a thesis statement that received full points on the eminent domain synthesis essay:

Although eminent domain can be misused to benefit private interests at the expense of citizens, it is a vital tool of any government that intends to have any influence on the land it governs beyond that of written law.

This thesis statement received full points because it states a defensible position and establishes a line of reasoning on the issue of eminent domain. It states the author's position (that some parts of eminent domain are good, but others are bad), then goes on to explain why the author thinks that (it's good because it allows the government to do its job, but it's bad because the government can misuse its power.)

Because this example thesis statement states a defensible position and establishes a line of reasoning, it can be elaborated upon in the body of the essay through sub-claims, supporting evidence, and commentary. And a solid argument is key to getting a six on your synthesis essay for AP Lang!

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Step 4: Create a Bare-Bones Essay Outline

Once you've got your thesis statement drafted, you have the foundation you need to develop a bare bones outline for your synthesis essay. Developing an outline might seem like it's a waste of your precious time, but if you develop your outline well, it will actually save you time when you start writing your essay.

With that in mind, we recommend spending 5 to 10 minutes outlining your synthesis essay . If you use a bare-bones outline like the one below, labeling each piece of content that you need to include in your essay draft, you should be able to develop out the most important pieces of the synthesis before you even draft the actual essay.

To help you see how this can work on test day, we've created a sample outline for you. You can even memorize this outline to help you out on test day! In the outline below, you'll find places to fill in a thesis statement, body paragraph topic sentences, evidence from the sources provided, and commentary :

  • Present the context surrounding the essay topic in a couple of sentences (this is a good place to use what you learned about the major opinions or controversies about the topic from reading your sources).
  • Write a straightforward, clear, and concise thesis statement that presents your stance on the topic
  • Topic sentence presenting first supporting point or claim
  • Evidence #1
  • Commentary on Evidence #1
  • Evidence #2 (if needed)
  • Commentary on Evidence #2 (if needed)
  • Topic sentence presenting second supporting point or claim
  • Topic sentence presenting three supporting point or claim
  • Sums up the main line of reasoning that you developed and defended throughout the essay
  • Reiterates the thesis statement

Taking the time to develop these crucial pieces of the synthesis in a bare-bones outline will give you a map for your final essay. Once you have a map, writing the essay will be much easier.

Step 5: Draft Your Essay Response

The great thing about taking a few minutes to develop an outline is that you can develop it out into your essay draft. After you take about 5 to 10 minutes to outline your synthesis essay, you can use the remaining 30 to 35 minutes to draft your essay and review it.

Since you'll outline your essay before you start drafting, writing the essay should be pretty straightforward. You'll already know how many paragraphs you're going to write, what the topic of each paragraph will be, and what quotations, paraphrases, or summaries you're going to include in each paragraph from the sources provided. You'll just have to fill in one of the most important parts of your synthesis—your commentary.

Commentaries are your explanation of why your evidence supports the argument you've outlined in your thesis. Your commentary is where you actually make your argument, which is why it's such a critical part of your synthesis essay.

When thinking about what to say in your commentary, remember one thing the AP Lang synthesis essay prompt specifies: don't just summarize the sources. Instead, as you provide commentary on the evidence you incorporate, you need to explain how that evidence supports or undermines your thesis statement . You should include commentary that offers a thoughtful or novel perspective on the evidence from your sources to develop your argument.

One very important thing to remember as you draft out your essay is to cite your sources. The AP Lang exam synthesis essay prompt indicates that you can use generic labels for the sources provided (e.g. "Source 1," "Source 2," "Source 3," etc.). The exam prompt will indicate which label corresponds with which source, so you'll need to make sure you pay attention and cite sources accurately. You can cite your sources in the sentence where you introduce a quote, summary, or paraphrase, or you can use a parenthetical citation. Citing your sources affects your score on the synthesis essay, so remembering to do this is important.

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Keep reading for a real-life example of a great AP synthesis essay response!

Real-Life AP Synthesis Essay Example and Analysis

If you're still wondering how to write a synthesis essay, examples of real essays from past AP Lang exams can make things clearer. These real-life student AP synthesis essay responses can be great for helping you understand how to write a synthesis essay that will knock the graders' socks off .

While there are multiple essay examples online, we've chosen one to take a closer look at. We're going to give you a brief analysis of one of these example student synthesis essays from the 2019 AP Lang Exam below!

Example Synthesis Essay AP Lang Response

To get started, let's look at the official prompt for the 2019 synthesis essay:

In response to our society's increasing demand for energy, large-scale wind power has drawn attention from governments and consumers as a potential alternative to traditional materials that fuel our power grids, such as coal, oil, natural gas, water, or even newer sources such as nuclear or solar power. Yet the establishment of large-scale, commercial-grade wind farms is often the subject of controversy for a variety of reasons.

Carefully read the six sources, found on the AP English Language and Composition 2019 Exam (Question 1), including the introductory information for each source. Write an essay that synthesizes material from at least three of the sources and develops your position on the most important factors that an individual or agency should consider when deciding whether to establish a wind farm.

Source A (photo) Source B (Layton) Source C (Seltenrich) Source D (Brown) Source E (Rule) Source F (Molla)

In your response you should do the following:

  • Respond to the prompt with a thesis presents a defensible position.
  • Select and use evidence from at least 3 of the provided sources to support your line of reasoning. Indicate clearly the sources used through direct quotation, paraphrase, or summary. Sources may be cited as Source A, Source B, etc., or by using the description in parentheses.
  • Explain how the evidence supports your line of reasoning.
  • Use appropriate grammar and punctuation in communicating your argument.

Now that you know exactly what the prompt asked students to do on the 2019 AP Lang synthesis essay, here's an AP Lang synthesis essay example, written by a real student on the AP Lang exam in 2019:

[1] The situation has been known for years, and still very little is being done: alternative power is the only way to reliably power the changing world. The draw of power coming from industry and private life is overwhelming current sources of non-renewable power, and with dwindling supplies of fossil fuels, it is merely a matter of time before coal and gas fuel plants are no longer in operation. So one viable alternative is wind power. But as with all things, there are pros and cons. The main factors for power companies to consider when building wind farms are environmental boon, aesthetic, and economic factors.

[2] The environmental benefits of using wind power are well-known and proven. Wind power is, as qualified by Source B, undeniably clean and renewable. From their production requiring very little in the way of dangerous materials to their lack of fuel, besides that which occurs naturally, wind power is by far one of the least environmentally impactful sources of power available. In addition, wind power by way of gearbox and advanced blade materials, has the highest percentage of energy retention. According to Source F, wind power retains 1,164% of the energy put into the system – meaning that it increases the energy converted from fuel (wind) to electricity 10 times! No other method of electricity production is even half that efficient. The efficiency and clean nature of wind power are important to consider, especially because they contribute back to power companies economically.

[3] Economically, wind power is both a boon and a bone to electric companies and other users. For consumers, wind power is very cheap, leading to lower bills than from any other source. Consumers also get an indirect reimbursement by way of taxes (Source D). In one Texan town, McCamey, tax revenue increased 30% from a wind farm being erected in the town. This helps to finance improvements to the town. But, there is no doubt that wind power is also hurting the power companies. Although, as renewable power goes, wind is incredibly cheap, it is still significantly more expensive than fossil fuels. So, while it is helping to cut down on emissions, it costs electric companies more than traditional fossil fuel plants. While the general economic trend is positive, there are some setbacks which must be overcome before wind power can take over as truly more effective than fossil fuels.

[4] Aesthetics may be the greatest setback for power companies. Although there may be significant economic and environmental benefit to wind power, people will always fight to preserve pure, unspoiled land. Unfortunately, not much can be done to improve the visual aesthetics of the turbines. White paint is the most common choice because it "[is] associated with cleanliness." (Source E). But, this can make it stand out like a sore thumb, and make the gargantuan machines seem more out of place. The site can also not be altered because it affects generating capacity. Sound is almost worse of a concern because it interrupts personal productivity by interrupting people's sleep patterns. One thing for power companies to consider is working with turbine manufacturing to make the machines less aesthetically impactful, so as to garner greater public support.

[5] As with most things, wind power has no easy answer. It is the responsibility of the companies building them to weigh the benefits and the consequences. But, by balancing economics, efficiency, and aesthetics, power companies can create a solution which balances human impact with environmental preservation.

And that's an entire AP Lang synthesis essay example, written in response to a real AP Lang exam prompt! It's important to remember AP Lang exam synthesis essay prompts are always similarly structured and worded, and students often respond in around the same number of paragraphs as what you see in the example essay response above.

Next, let's analyze this example essay and talk about what it does effectively, where it could be improved upon, and what score past exam scorers awarded it.

To get started on an analysis of the sample synthesis essay, let's look at the scoring commentary provided by the College Board:

  • For development of thesis, the essay received 1 out of 1 possible points
  • For evidence and commentary, the essay received 4 out of 4 possible points
  • For sophistication of thought, the essay received 0 out of 1 possible points.

This means that the final score for this example essay was a 5 out of 6 possible points . Let's look more closely at the content of the example essay to figure out why it received this score breakdown.

Thesis Development

The thesis statement is one of the three main categories that is taken into consideration when you're awarded points on this portion of the exam. This sample essay received 1 out of 1 total points.

Now, here's why: the thesis statement clearly and concisely conveys a position on the topic presented in the prompt--alternative energy and wind power--and defines the most important factors that power companies should consider when deciding whether to establish a wind farm.

Evidence and Commentary

The second key category taken into consideration when synthesis exams are evaluated is incorporation of evidence and commentary. This sample received 4 out of 4 possible points for this portion of the synthesis essay. At bare minimum, this sample essay meets the requirement mentioned in the prompt that the writer incorporate evidence from at least three of the sources provided.

On top of that, the writer does a good job of connecting the incorporated evidence back to the claim made in the thesis statement through effective commentary. The commentary in this sample essay is effective because it goes beyond just summarizing what the provided sources say. Instead, it explains and analyzes the evidence presented in the selected sources and connects them back to supporting points the writer makes in each body paragraph.

Finally, the writer of the essay also received points for evidence and commentary because the writer developed and supported a consistent line of reasoning throughout the essay . This line of reasoning is summed up in the fourth paragraph in the following sentence: "One thing for power companies to consider is working with turbine manufacturing to make the machines less aesthetically impactful, so as to garner greater public support."

Because the writer did a good job consistently developing their argument and incorporating evidence, they received full marks in this category. So far, so good!

Sophistication of Thought

Now, we know that this essay received a score of 5 out of 6 total points, and the place where the writer lost a point was on the basis of sophistication of thought, for which the writer received 0 out of 1 points. That's because this sample essay makes several generalizations and vague claims where it could have instead made specific claims that support a more balanced argument.

For example, in the following sentence from the 5th paragraph of the sample essay, the writer misses the opportunity to state specific possibilities that power companies should consider for wind energy . Instead, the writer is ambiguous and non-committal, saying, "As with most things, wind power has no easy answer. It is the responsibility of the companies building them to weigh the benefits and consequences."

If the writer of this essay was interested in trying to get that 6th point on the synthesis essay response, they could consider making more specific claims. For instance, they could state the specific benefits and consequences power companies should consider when deciding whether to establish a wind farm. These could include things like environmental impacts, economic impacts, or even population density!

Despite losing one point in the last category, this example synthesis essay is a strong one. It's well-developed, thoughtfully written, and advances an argument on the exam topic using evidence and support throughout.

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4 Tips for How to Write a Synthesis Essay

AP Lang is a timed exam, so you have to pick and choose what you want to focus on in the limited time you're given to write the synthesis essay. Keep reading to get our expert advice on what you should focus on during your exam.

Tip 1: Read the Prompt First

It may sound obvious, but when you're pressed for time, it's easy to get flustered. Just remember: when it comes time to write the synthesis essay, read the prompt first !

Why is it so important to read the prompt before you read the sources? Because when you're aware of what kind of question you're trying to answer, you'll be able to read the sources more strategically. The prompt will help give you a sense of what claims, points, facts, or opinions to be looking for as you read the sources.

Reading the sources without having read the prompt first is kind of like trying to drive while wearing a blindfold: you can probably do it, but it's likely not going to end well!

Tip 2: Make Notes While You Read

During the 15-minute reading period at the beginning of the synthesis essay, you'll be reading through the sources as quickly as you can. After all, you're probably anxious to start writing!

While it's definitely important to make good use of your time, it's also important to read closely enough that you understand your sources. Careful reading will allow you to identify parts of the sources that will help you support your thesis statement in your essay, too.

As you read the sources, consider marking helpful passages with a star or check mark in the margins of the exam so you know which parts of the text to quickly re-read as you form your synthesis essay. You might also consider summing up the key points or position of each source in a sentence or a few words when you finish reading each source during the reading period. Doing so will help you know where each source stands on the topic given and help you pick the three (or more!) that will bolster your synthesis argument.

Tip 3: Start With the Thesis Statement

If you don't start your synthesis essay with a strong thesis statement, it's going to be tough to write an effective synthesis essay. As soon as you finish reading and annotating the provided sources, the thing you want to do next is write a strong thesis statement.

According to the CollegeBoard grading guidelines for the AP Lang synthesis essay, a strong thesis statement will respond to the prompt— not restate or rephrase the prompt. A good thesis will take a clear, defensible position on the topic presented in the prompt and the sources.

In other words, to write a solid thesis statement to guide the rest of your synthesis essay, you need to think about your position on the topic at hand and then make a claim about the topic based on your position. This position will either be defending, challenging, or qualifying the claim made in the essay's prompt.

The defensible position that you establish in your thesis statement will guide your argument in the rest of the essay, so it's important to do this first. Once you have a strong thesis statement, you can begin outlining your essay.

Tip 4: Focus on Your Commentary

Writing thoughtful, original commentary that explains your argument and your sources is important. In fact, doing this well will earn you four points (out of a total of six)!

AP Lang provides six to seven sources for you on the exam, and you'll be expected to incorporate quotations, paraphrases, or summaries from at least three of those sources into your synthesis essay and interpret that evidence for the reader.

While incorporating evidence is very important, in order to get the extra point for "sophistication of thought" on the synthesis essay, it's important to spend more time thinking about your commentary on the evidence you choose to incorporate. The commentary is your chance to show original thinking, strong rhetorical skills, and clearly explain how the evidence you've included supports the stance you laid out in your thesis statement.

To earn the 6th possible point on the synthesis essay, make sure your commentary demonstrates a nuanced understanding of the source material, explains this nuanced understanding, and places the evidence incorporated from the sources in conversation with each other. To do this, make sure you're avoiding vague language. Be specific when you can, and always tie your commentary back to your thesis!

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What's Next?

There's a lot more to the AP Language exam than just the synthesis essay. Be sure to check out our expert guide to the entire exam , then learn more about the tricky multiple choice section .

Is the AP Lang exam hard...or is it easy? See how it stacks up to other AP tests on our list of the hardest AP exams .

Did you know there are technically two English AP exams? You can learn more about the second English AP test, the AP Literature exam, in this article . And if you're confused about whether you should take the AP Lang or AP Lit test , we can help you make that decision, too.

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Ashley Sufflé Robinson has a Ph.D. in 19th Century English Literature. As a content writer for PrepScholar, Ashley is passionate about giving college-bound students the in-depth information they need to get into the school of their dreams.

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Home — Essay Samples — Economics — Real Estate — The Pros and Cons of Eminent Domain

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The Pros and Cons of Eminent Domain

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Published: Feb 7, 2024

Words: 629 | Page: 1 | 4 min read

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The pros of eminent domain, the cons of eminent domain, case studies, alternative solutions.

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eminent domain essay introduction

Legal Dictionary

The Law Dictionary for Everyone

Eminent Domain

The Fifth Amendment to the U.S. Constitution forbids the taking of private property for public use without “just compensation.” The authority of Federal, state, and local governments to take private property for public use, providing just compensation to the owner, is called “eminent domain.” Real estate, or land, is not the only property subject to eminent domain law, but water and air rights as well. To explore this concept, consider the following eminent domain definition.

Definition of Eminent Domain

  • The power of the state, by virtue of its sovereign power over the lands within its jurisdiction , to seize private property for public use, with payment of “just compensation” to the owner(s).

1625         Discussed in the legal discourse “De Jure Belli et Pacis,” by Dutch professor of law Hugo Grotius, as dominium eminens (Latin: supreme lordship )

History of Eminent Domain Law

The notion of eminent domain has existed since ancient times, as documented in the Bible when Samaria’s King Ahab offered compensation to Naboth for his vineyard. Early European nobility commonly took what land they wanted, until 1789, when France publicly recognized the rights of property owners to be compensated for such property seizures.

The practice of eminent domain came to the American colonies as commonly held British law. While drafting the Constitution, conflicting ideas about this practice surfaced, a compromise of which resulted in the final clause to the Fifth Amendment, specifying that compensation was to be made for property seized for public use.

In modern times, eminent domain law is widely used by federal and state governments, and has been upheld by the Supreme Court. Eminent domain law facilitates the creation and upkeep of such necessary infrastructure as roads and highways, parks, and public buildings, as well as water, power, and gas lines. Additionally, eminent domain may be used for urban renewal, replacement of deteriorated housing with new low-cost housing, and beautification of public use areas.

A 1954 Supreme Court decision in Berman v. Parker upheld that it is within the government’s power to use eminent domain to ensure the community is not only healthy, clean, and well patrolled, but that it is beautiful, spacious, and well balanced. In other words, that the term “public use” could properly be construed as that which is in the public’s interest, or for the public’s welfare.

To further the effectiveness of the eminent domain power, the Supreme Court decided, in the 2005 case of Kelo v. City of New London , that the transferring of land from one private owner to another private owner for the purpose of economic development is a permissible definition of “public use.”

Eminent Domain Pros and Cons

Eminent domain has been a topic of disparate opinions since before it was set down in writing in the Constitution. Indeed, there are both pros and cons to the practice. For example, eminent domain was used in the 1950s redevelopment of an impoverished neighborhood in San Francisco. While the ramshackle homes were replaced with cosmopolitan hotels and other modern edifices, more than 4,000 poverty-stricken denizens, and over 700 businesses were evicted, the buildings demolished and removed.

While it is usually clear that the use of eminent domain to build roads, improve utilities, and revitalize cities, many property owners fear they will not be compensated fully for the seizure of their land. Additionally, as these projects are often paid for with tax dollars, many taxpayers feel that the requirement of paying for land acquired through eminent domain places a monetary burden too great for the perceived benefit of the project.

Eminent Domain Examples

Eminent domain has indeed been used to the benefit of the community in which it has been exercised, but examples of over-reaching or poor planning abound, sparking further controversy. Below are several highly publicized examples of eminent domain cases.

Kelo v. City of New London

The plan to raze the Fort Trumbull district of New London, Connecticut sparked the 2005 Supreme Court ruling that more broadly defined the scope of eminent domain. The plan was for the revitalization of the neighborhood to attract large companies to the area, bringing with them much-needed jobs. Indeed, Pfizer Pharmaceutical expanded to New London, and an upscale hotel, athletic center, conference center, and office park were planned to further update the area. Unfortunately, the massive pharmaceutical company packed up and left town a mere five years after the ruling, taking with it its more than 1,000 jobs. The 70-acre stretch of land on the Thames River that is Fort Trumbull remains mostly empty, the plan for more than 100 rental condominiums to take the place of the previously planned buildings has been held up in a contract dispute ever since.

Julia Lemon v. Phoebe Putney Memorial Hospital

In 2005, the state of Georgia, on behalf of Phoebe Putney Memorial Hospital, attempted to seize a property for the building of a daycare center to serve Georgia’s largest hospital. On the property stood a home owned by Julie Montgomery, and rented by 93-year old Julia Lemon. The hospital offered owner Montgomery the “fair market value” of the property at about $50,000, but she was loathe to displace her elderly tenant, who had lived there for 26 years. The Dougherty County Super Court issued a 2006 ruling on the matter requiring the hospital to pay Montgomery $200,000 for her property, as well as paying $51,000 to Lemon to aid in her relocation. This case emphasizes that the use of eminent domain cannot be all-reaching, but should examine real-life issues when considering property seizures.

Bauder v. Delaware County

Scott and Kathy Bauder fought Delaware County Ohio’s eminent domain grab at the land they had farmed for a quarter of a century, declining the county’s offer of a mere $450,000 for a 10-acre stretch of land that split their holdings. The land was to be used to extend Sawmill Parkway into the Delaware city limits, but the Bauder’s attorneys argued that the area already has adequate roadways.

The jury in the 2013 hearing found that the land was worth a great deal more than the county had offered the Bauders, though not the $1.2 million suggested by a privately employed appraiser. In the end, the county was ordered to pay $850,000 for the land, and an additional $100,000 to cover the Bauder’s legal fees. This decision is typical in such cases, where juries often split the difference between the estimated land values.

The Eminent Domain Appraisal and Fair Market Value

When appropriating property through eminent domain, the government must pay the owner “fair market value” for the property. Fair market value is generally considered to be the amount a buyer and seller are likely agree to if that property was sold on a particular day. For example, the highest amount the seller and a buyer might reasonably agree to on a particular day is considered fair.

Determining fair market value requires an eminent domain appraisal , which is a valuation more than one real estate appraiser. Competent real estate appraisers experienced in eminent domain valuation are often hired by the parties’ eminent domain attorneys. Real estate appraisers often have experience specific to particular home styles and regions, making it important to hire an appraiser experienced in eminent domain cases in the area in which the property lies.

What is Eminent Domain Compensation

Property owners often have questions about eminent domain compensation in cases where only part of a property is seized, as well as whether payment is made for improvements to, or businesses on, the property or businesses, as well as who is entitled to eminent domain compensation in cases where the property has a tenant.

Compensation for Improvements

The law entitles property owners to compensation for improvements made to the property in addition to its land value. Such improvements may include buildings, fencing, paved roads, and even machinery. In many jurisdictions, valuation of improvements is to take into consideration the particular improvement as it relates to the property’s ongoing value, rather than salvage value or replacement cost.

Compensation for Business Losses

In most states, property owners are not entitled to compensation for business losses as a result of the property being seized in eminent domain actions. California, however, allows for compensation for loss of business “goodwill,” or the value of the sustainable income that results from the business’s location, reputation, and other issues that ensure continued patronage.

Compensation for Partial Property Seizure

In many eminent domain cases, only a portion of the property is taken, such as the strip of land needed to widen a street. In these instances, the entire property is not seized, but compensation is made for the actual part taken, as well as for the damage to the remaining property. Such damages , called “severance damages,” may occur when the strip of land taken, such as for a roadway or utility easement , splits a larger property, or when the portion taken somehow diminishes the value or usefulness of the remaining property. Severance damages may also be necessary to cover damages to a property caused by the actual construction project for which properties were seized.

Compensation for Rented Property

In the event a property seized under eminent domain is rented or leased, it may be required that both the property owner and the tenant be compensated. The valuation of compensation for rented property in such a case may differ depending on whether the lease or rental agreement contained a condemnation clause. In some eminent domain cases, such a tenant may be entitled to receive a significant portion of eminent domain compensation made for the property.

Related Legal Terms and Issues

  • Condemnation Clause . A clause specifying what would occur if the leased property was taken by eminent domain. An effective condemnation clause should define partial and total condemnation, whether the lease agreement may be terminated, and by which party, and who is entitled to compensation for damages.
  • Replacement Cost . The amount required to replace an asset at its condition prior to the loss. Replacement cost often differs from the item’s market value, and does not deduct an amount for depreciation.
  • Salvage Value . The estimated value of a property, improvement, or other asset at the end of its useful life. Subtracting an asset’s salvage value from its cost provides the amount to be depreciated.

The Initiative 07-0018 Eminent Domain Essay

Introduction, just compensation, economic arguments.

In law, eminent domain is the authority of the state to suitable private property for its own use without the owner’s permission. Governments most normally use the power of eminent domain when the attainment of real belongings is necessary for the achievement of a community scheme such as a road, and the possessor of the required property is reluctant to consult a price for its sale.

In many jurisdictions, the power of eminent domain is tempered with a right that just compensation be made for the appropriation.

The initiative 07-0018 Eminent Domain states the rules ad procedures of assumption of private property. It had been adopted in Sacramento – Secretary of State Debra Bowen today proclaimed that the proponents of a new proposal might begin collecting petition signatures for their measure.

Eminent Domain – Acquisition of owner-engaged residence, a constitutional amendment. Bars state and local administrations from using the renowned domain to obtain an owner-occupied dwelling, as defined, for transference to a private person or commerce entity. The initiative creates exemptions for public work or enhancement, public health and security defense, and crime avoidance. Summary of approximation by Legislative Analyst and Director of Finance of fiscal impact on state and local administration: The tool would likely not have an important fiscal collision on a state or local controls.

The Secretary of State’s tracking number for this measure is 1251, and the Attorney General’s tracking number is 07-0018.

The supporters for this measure, Christopher K. McKenzie, Susan Smartt, and Kenneth Willis, need to gather the signatures of 694,354 registered voters – the figure equal to 8% of the total votes shed for the head in the 2006 gubernatorial election – in order to succeed the gauge for the ballot. The proponents have 150 days to mingle petitions for this determination, meaning the signatures should be collected by December 3, 2007.

Fair value is usually viewed to be the fair market charge – that is, the uppermost price someone would pay for the possessions were it in the hands of an eager vendor. The date upon which the value is charged will vary, depending upon the leading law. If the parties do not concur on the value, they will normally utilize evaluators to assist in the cooperation procedure. If the case is litigated, both sides will ordinarily present expert testimony from appraisers as to the fair market value of the property.

At times, fair charge involves more than the price of an item or possessions of real estate. If a business is acting from the censured real domain, the possessor is normally enabled to recompense for the loss or disturbance of the industry resulting from the disapproval. In a minority of influences, the owner may also be entitled to recompense for the defeat of “goodwill,” the value of the business in surplus of fair market value due to such issues as its position, status, or good consumer relations. If the business does not own the ground but leases the bases from which it functions, it would customarily be entitled to reimbursement for the value of its lease, for any matches it has installed in the premises, and for any loss or diminishment of value in the industry.

Ordinarily, a government can exercise eminent domain only if its taking will be for a “public use” – which may be widely defined along the lines of public “safety, health, interest, or convenience.” Perhaps the most common example of “public use” is the taking of land to build or increase a public road or freeway. Public use could also include the taking of land to build a school or municipal building, for a public park, or to redevelop a “blighted” property or neighborhood.

First of all, it is necessary to mention that the taking of private property is a “public requirement of the tremendous type” that requires group action. For instance, the offered alteration would prevent small units such as community zoning commissions from managing private property handling. The alteration would engage larger payments, perhaps on the stage of county boards or particular courts of the petition.

Second, the private possessions would have to stay overseen by the community after they relocate.

Third, the motive for the transfer of private possessions would have to view the municipal notice rather than the attention of the confidential entity getting the belongings.

Moreover, placing the Hathcock amendments in the Constitution, the amendment also would necessitate governments to offer recompense for implementing Eminent Domain of a quantity at least equal to 125 percent of a housing possessions’ fair market charge. Under this amendment, therefore, it would be more costly to acquire private possessions for confidential exploitation.

In recent terms, there has been rising anxiety about the method in which some states and units of administration implement their power of an eminent domain. Some governments occur tending to implement eminent domain for the advantage of developers or profitable activities, on the basis that anything that augments the value of a given tract of land is an adequate public use. Detractors react that this is ridiculous and that there are few properties, no matter how fashionable, which could not be made more precious if enhanced in a dissimilar way. They also note that if a developer is unable to acquire the possessions on the open market, it is unlikely that the landlords will truly be offered the charge of the belongings through censure happenings. The lawmaking reply to that point is that the law of eminent domain arose from the knowledge that some possessions proprietors are reluctant to discuss a sensible sale price, and such awkwardness should not provide a foundation to extract an above-market price or to avoid the conclusion of a public project.

Followers argue that captures of private possessions are necessary to the development of communities when business costs prevent private parties from concurring on the most competent use of the property. Challengers point out that, over a period of 200 years, American city-inhabitants formed large land groupings and major arrangements without the coercive authority of an eminent domain. Critics also point out that even triumphant redevelopment revitalizes only restricted areas, leaving other city regions in decline. Moreover, with the ongoing migration of the past half-century from cities to suburbs, it is inevitable that cities lose population and jobs, resulting in blighted areas that cannot be revived by taking more low- and moderate-cost city housing, thus driving more people out to the suburbs.

The controversy is further ardent by the courts classifying the “just recompense” assured by the Constitution so narrowly that relocated homeowners and trades are not fully recompensed for their provable economic losses, which are on occasion deemed non-compensable. This is chiefly contentious in cases where industry properties are taken, the proprietors are not remunerated for lost industry, and the captured land is turned over to another industry at no cost.

As for the legacy of the law project, it is necessary to emphasize that anyone is claimed to improve the legislative system of any country by defending the rights of the people who need these rights to be defended. But the matter is any law project can not be perfect, and it always happens so that some hollows are found in law projects, and thus the law is used for the personal benefits of the informed individuals. Thus, the corporate raid is flourishing. In spite of it is widely recognized in lots of states, by lots of governments, it is widely used by criminal groupings in order to capture the most suitable or comfortable offices or lands.

To use the authority of the eminent domain, the condemner must be authorized, by statute or regulation, to take the possessions for a precise public reason. The condemner must also try to buy the property from the property owner by good-faith negotiation. The condemner must make an unqualified offer to buy. Only after the condemner and the property owner cannot agree may the condemner bring the matter to the local circuit court by filing a Petition in Eminent Domain.

Adkisson, Richard V. “Intellectual Property and Eminent Domain: If Ever the Twain Shall Meet.” Journal of Economic Issues 36.1 (2002): 41

Aguirre, Adalberto, and Frances Vu. “Eminent Domain and City Redevelopment in California: An Overview and Case Study.” Social Justice 33.3 (2006): 101

Allen, Tom. The Right to Property in Commonwealth Constitutions. Cambridge, England: Cambridge University Press, 2000.

Bell, Abraham, and Gideon Parchomovsky. “Taking Compensation Private.” Stanford Law Review 59.4 (2007): 871

Brown, Carol Necole, and Serena M. Williams. “The Houses That Eminent Domain and Housing Tax Credits Built: Imagining a Better New Orleans.” Fordham Urban Law Journal 34.2 (2007): 689

Cohen, Charles E. “Eminent Domain after Kelo V. City of New London: An Argument for Banning Economic Development Takings.” Harvard Journal of Law & Public Policy 29.2 (2006): 491

Cole, Daniel H. Pollution and Property: Comparing Ownership Institutions for Environmental Protection. Cambridge, England: Cambridge University Press, 2002.

Epstein, Richard A. Bargaining with the State. Princeton, NJ: Princeton University Press, 1993.

O’Connell, Agnes N., ed. Models of Achievement: Reflections of Eminent Women in Psychology. Vol. 3. New York: Lawrence Erlbaum Associates, 1983.

Oppenheimer, Max Stul. “Harmonization through Condemnation: Is New London the Key to World Patent Harmony?.” Vanderbilt Journal of Transnational Law 40.2 (2007): 445

Weinberg, Philip. “Eminent Domain for Private Sports Stadiums: Fair Ball or Foul?.” Environmental Law 35.2 (2005): 311

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eminent domain

Primary tabs.

Eminent domain refers to the power of the government to take private property and convert it into public use , referred to as a taking. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners. A taking may be the actual seizure of property by the government, or the taking may be in the form of a regulatory taking, which occurs when the government restricts a person’s use of their property to the point of it constituting a taking. 

Just Compensation Requirement

The Fifth Amendment of the United States Constitution mandates that if the government takes private property for public use, the government must provide "just compensation." In K ohl v. United States, 91 U.S. 367 (1875) , the Supreme Court held that the government may seize property through the use of eminent domain, as long as it appropriates just compensation to the owner of the property. In Loretto v. Teleprompter Manhattan CATV Corp. 458 US 419 (1982) , the Supreme Court clarified that when the government engages in a taking and implements a permanent physical occupation of the property, it must provide the property owner with just compensation, even if the area is small and the government's use does not greatly affect the owner's economic interest.

Typically, a "just compensation" is determined by an appraisal of the property's fair market value. This means that any sentimental or other value held by the owner will not be considered in calculating compensation. Depending on the size and unique nature of the land, calculating the market value of property can be quite complex. Generally, one determines the fair market value by looking at the sales of similar property to that being taken. In many circumstances, there may not be similar sales under current market conditions to compare with. The property may have some complex considerations such as leasing value that must be considered. This all can make the valuations for fair market value challenging. For more information on calculating just compensation, see this LII article . 

Public Use Requirement

Courts broadly interpret the Fifth Amendment to allow the government to seize property if doing so will increase the general public welfare. In Kelo v. City of New London, 545 U.S. 469 (2005) , the Supreme Court allowed a taking when the government used eminent domain to seize private property to facilitate a private development. The Court considered the taking to be a public use because the community would enjoy the furthering of economic development. Further, the Kelo court determined that a governmental claim of eminent domain is justified if the seizure is rationally related to a conceivable public purpose. 

The Kelo decision significantly broadened the government's takings power. This caused significant controversy, and states were quick to act to quell concerns about this expansion of power. In response to Kelo , many states have passed laws which have restricted governments' takings abilities (such as implementing a stricter definition of  what constitutes a "public use," requiring heightened levels of scrutiny to justify an action categorized as a taking, etc).

Types of Takings

Many types of government action infringe on private property rights. Accordingly, the Fifth Amendment's compensation requirement is not limited to government seizures of real property. Instead, it extends to all kinds of tangible and intangible property, including but not limited to easements , personal property , contract rights , and trade secrets . 

In United States v. Dickinson, 331 U.S. 745 (1947) , the Supreme Court held that even if the government does not physically seize private property, the action is still a taking "when inroads are made upon an owner’s use of it to an extent that, as between private parties, a servitude has been acquired either by agreement or in course of time.” 

Land Use Regulation

Many regulatory takings disputes arise in the context of land use regulation. Agins v. City of Tiburon, 447 U.S. 255 (1980) , the Supreme Court held that it there is not a requirement for government compensation where such regulations "substantially advance legitimate governmental interests," and as long as the regulations do not prevent a property owner from making “economically viable use of his land.” 

Public Purpose 

See Public Use Requirement above - Courts broadly interpret the Fifth Amendment to allow the government to seize property if doing so will increase the general public welfare. In Kelo v. City of New London, 545 U.S. 469 (2005) , the Supreme Court allowed a taking when the government used eminent domain to seize private property to facilitate a private development. The Court considered the taking to be a public use because the community would enjoy the furthering of economic development. Further, the Kelo court determined that a governmental claim of eminent domain is justified if the seizure is rationally related to a conceivable public purpose. 

The Kelo decision significantly broadened the government's takings power. This caused significant controversy, and states were quick to act to quell concerns about this expansion of power. In response to Kelo , many states have passed laws which have restricted governments' takings abilities (such as implementing a stricter definition of  what constitutes a "public use," requiring heightened levels of scrutiny to justify an action categorized as a taking, etc). 

How Much Compensation is Just?

Generally, the government must pay the market value of seized property. There are, however, many exceptions. The government need not compensate a property owner for the portion of the property's value created by that government.

For example, in United States v. Fuller, 409 U.S. 488 (1973) , the Supreme Court held that when the federal government condemned a rancher's grazing land, it did not owe compensation for the portion of the land's value derived from its proximity to adjacent, federally owned grazing land.

When is a Regulation a Taking?

While often takings are obvious, some types of government regulations may be hard to classify as a taking or not. For example, if the government required a farmer to kill off its corn due to a spreading disease amongst corn, this arguably could be a taking of property through regulation. Sometimes, a government regulation infringes upon private property ownership to such an extent that the regulation can be considered a taking, thus requiring just compensation. The Supreme Court, over a series of regulatory takings cases, has developed a 4-part test to determine whether a regulation is considered to be a taking. 

  • A government regulation is a taking when the government authorizes a permanent physical occupation of real/personal property
  • The regulation is a taking when the regulation causes the loss of all economically beneficial/productive uses of the land, unless the regulation is justified by background principles of property law/ nuisance law
  • Exaction – a requirement that the developer provides specified land, improvements, payments, or other benefits to the public to help offset the project’s impacts
  • If the government's action is a physical action, rather than a “regulatory invasion,” then the action is almost certainly a taking
  • The extent to which the regulation has interfered with the owner’s reasonable investment-backed expectations for the parcel as a whole
  • The regulation’s economic impact on the affected prop owner

Noxious Use 

Even if a government regulation is deemed a taking, it still may be viewed as justified, as long as it meets the noxious use test, also known as the Mugler - Hadacheck test. Under this test, a regulation adopted under the police power to protect the public health, safety, or welfare is not a taking, even if the taking reduces the value of property.

Remedies for Takings

Under First Evangelical (1987), the appropriate remedy for a taking will typically consist of compensatory damages, meaning just compensation. 

Further Reading

For more on eminent domain, see this Cornell Law Review article , this University of Michigan Law Review article , and this New York Law Journal article . 

[Last updated in December of 2022 by the Wex Definitions Team ]

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Constitutional Law: Eminent Domain - Essay Example

Constitutional Law: Eminent Domain

  • Subject: Law
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Eminent domain assignment, a violation of the takings clause by the fifth amendment of the united states constitution, eminent domain law in california, property rights and the constitution: eminent domain, the case marbury v. madison, kelo v city of new london, 545 us 469, criminalization of sodomy laws is unconstitutional, abortion and the right to privacy.

eminent domain essay introduction

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Zoning and eminent domain

eminent domain essay introduction

Table of Contents

Introduction

Zoning is a process that a government would take while planning the cities layout or anything that is to be erected from the ground in a city. It can also be said to be the division of a region into zones so as to control numerous buildings and their uses or the number of crops to be planted on a piece of land and reduce conflicts between land owners. Eminent domain on the other hand is the law that gives the government the right to obtain private land from their owner and release it for public use. The previous private owner is normally compensated (Bayer 3). Eminent domain occurs because the government normally has the power to be in charge of all the lands that are within its jurisdiction.

Advantages of zoning

Zoning helps one to constantly have the value of their land or building appreciating since there are normally similarly-used pieces of land in the same zone. This is to say that zoning laws helps people who own land to be able to maintain the value of the land by avoiding the bad use of land that would lead to the reduction in value of a piece of land by the neighboring one. In short a neighbor is not allowed to practice any activity that would lead to a depreciation of land or property value of another neighbor (Stephens 18).Zoning also helps in safeguarding the health and sanitation of people. areas that are zoned to occupy industries normally release harmful toxic wastes into rivers and also release pollutants into the air making the areas unsafe for residents to stay in. this is the main reason as to why residential land are kept far away from industrial zoned land (Mougeot 45).

Disadvantages of zoning

One very major shortcoming of zoning laws is the fact that it limits the property owners from doing anything with their land. another disadvantages is that the authorities might use zoning laws combined with eminent domain to do away with land that was affordable to residents and put something that would only benefit a few in the society (Peterson 32). it has been noted that corrupt governments in most countries in Africa get rid of slums and construct roads instead of better houses leaving most residents displaced and at times homeless.

Advantages of eminent domain

In the case where the government of a country comes up with projects that become successful once they are implemented. For example, the government can decide to use eminent domain to obtain a piece of private land to pave way for construction of cheap and affordable housing for the citizens of the country. Another advantage is that the government can easily take up a building and give it to a private developer to replace that one if it is in a bad state since it has the jurisdiction to do so. If eminent domain did not exist most of the buildings would be in poor standards because most of the owners would not be willing to sell the land and yet they would not be maintaining them as required (Callies 34).

Disadvantages of eminent domain

There are two major disadvantages that are caused by eminent domain. One among them,  is  that  the individual owner of a piece of land might feel that the amount of money being given to them is too low and they are experiencing a loss. In another case the owner might not want to sell the land for any price given to them. Depending on the laws that have been set up, the private land owner is at liberty to file a law suit against the government (Engels 78). Another negative impact of exercising eminent domain by the government is because it leads to mass evictions. For example, the government might use eminent domain to get rid of poor people living on a piece of land and replace their houses with other projects that would not really benefit the people who have been evicted. Such projects could be the construction of a high-end hotel or an expensive shopping mall.

eminent domain essay introduction

It is normally in the jurisdiction of the government to ensure that the land is well planned. The planning of land is very important because it ensure that the population and natural resources are well distributed amongst the citizens. It also helps in the reduction of conflicts between land owners. It is also important to note that governments should use this law to make sure everybody benefits and nobody suffers heavily as these laws are being exercised.

  • Bayer, Michael, Nancy Frank, and Jason Valerius.  Becoming an Urban Planner: A Guide to Careers in Planning and Urban Design . Hoboken, N.J: John Wiley & Sons, 2010. Print.
  • Stephens, Tim.  Manual on Small Earth Dams: A Guide to Siting, Design, and Construction . Rome: Food and Agriculture Organization of the United Nations, 2010. Print.
  • Mougeot, Luc J. A.  Growing Better Cities: Urban Agriculture for Sustainable Development . Ottawa [u.a.: IDRC, International Development Research Centre, 2006. Print.
  • Peterson, George E.  Unlocking Land Values to Finance Urban Infrastructure . Washington, DC: World Bank, 2009. Print.
  • Callies, David L.  Regulating Paradise: Land Use Controls in Hawaiʻi . Honolulu: University of Hawaiʻi Press, 2010. Print.
  • Engels, Friedrich, and Florence K. Wischnewetzky.  The Condition of the Working-Class in England in 1844: With Preface Written in 1892 . Cambridge: Cambridge University Press, 2010. Internet resource.
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eminent domain essay introduction

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  1. Property Rights and the Constitution: Eminent Domain Essay Example

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  3. AP Lang Synthesis Essay Example: Prompt- Eminent Domain

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  4. What is eminent domain

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  1. PDF AP English Language and Composition 2018 FRQ 1 Sample Student Responses

    [1] Eminent domain, or the power of the government to take land from private owners in the name of the public good, has been a major source of controversy over the past few centuries. The most common defenses for eminent domain, while well-intentioned, are ultimately built on flawed concepts that go against the American value of individual freedom.

  2. PDF AP English Language and Composition 2018

    eminent domain. Paragraph two again addresses how eminent domain proposes to help these areas, but then shifts to the quote from Source defining corporatism followed by commentary connecting the exploits of corporatism to abuse of eminent domain. Having established the possible abuses of eminent domain, the response then looks to the dangers of

  3. AP Lang Synthesis Essay Example: Prompt- Eminent Domain

    (This question counts for one-third of the total essay section score.) Eminent domain is the power governments have to acquire property from private owners for public use. The rationale behind eminent domain is that governments have greater legal authority over lands within their dominion than do private owners. Eminent domain has been ...

  4. How to Write a Perfect Synthesis Essay for the AP Language Exam

    Paragraph 1: The prompt presents and briefly explains the topic that you'll be writing your synthesis essay about. That topic is the concept of eminent domain. Paragraph 2: The prompt presents a specific claim about the concept of eminent domain in this paragraph: Eminent domain is productive and beneficial.This paragraph instructs you to decide whether you want to defend, challenge, or ...

  5. Eminent Domain: History, Elements, Usage

    Eminent domain is the power of a government to seize private property for public purposes in exchange for payment at fair prices. A variety of property rights such as land and water rights is subject to eminent domain. Eminent domain is an area that seriously challenges the court. This is because many private owners of property complain ...

  6. PDF AP English Language and Composition 2018 Free-Response Questions

    (This question counts for one-third of the total essay section score.) Eminent domain is the power governments have to acquire property from private owners for public use. The rationale behind eminent domain is that governments have greater legal authority over lands within their dominion than do private owners.

  7. The Pros and Cons of Eminent Domain: [Essay Example], 629 words

    The Pros of Eminent Domain. Eminent domain has been used in the United States since the colonial era, but it was not until the late 19th century that it became a widespread practice. The Fifth Amendment of the U.S. Constitution provides that private property shall not be taken for public use without just compensation.

  8. Frequently Asked Questions About Eminent Domain

    What is Eminent Domain? Eminent domain is the power of the government to take private property belonging to its citizens. It can also be called "condemnation" or, in some states, "expropriation.". What does the 5th Amendment say? The 5th Amendment to the U.S. Constitution states, "…. [N]or shall private property be taken for public ...

  9. Eminent Domain

    A 1954 Supreme Court decision in Berman v.Parker upheld that it is within the government's power to use eminent domain to ensure the community is not only healthy, clean, and well patrolled, but that it is beautiful, spacious, and well balanced. In other words, that the term "public use" could properly be construed as that which is in the public's interest, or for the public's welfare.

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    Sandra Effinger -- MsEffie's LifeSavers for Teachers

  11. The Initiative 07-0018 Eminent Domain

    Introduction. In law, eminent domain is the authority of the state to suitable private property for its own use without the owner's permission. Governments most normally use the power of eminent domain when the attainment of real belongings is necessary for the achievement of a community scheme such as a road, and the possessor of the ...

  12. Eminent Domain Defined

    Eminent domain is a complex and controversial issue that raises fundamental questions about property rights and the role of government in society. While the doctrine of eminent domain is rooted in the Fifth Amendment's takings clause, the application of this power can be fraught with legal and ethical challenges. The cases of Kelo v.

  13. Eminent domain in the United States

    In the United States, eminent domain is the power of a state or the federal government to take private property for public use while requiring just compensation to be given to the original owner. It can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise the functions of public ...

  14. History of Eminent Domain and its Abuse

    1789: The U.S. Constitution. The founders were concerned about the potential abuse of eminent domain—an early U.S. Supreme Court decision even refers to it as " the despotic power "—so they limited its use through the "takings clause" of the Fifth Amendment: " [N]or shall private property be taken for public use, without just ...

  15. Eminent Domain Essay example

    Good Essays. 757 Words. 4 Pages. Open Document. Eminent Domain is the government's right under the Fifth Amendment to acquire privately owned property for public use - to build a road, a school or a courthouse. Under eminent domain, the government buys your property, paying you what's determined to be fair market value.

  16. Eminent Domain Essay

    Eminent domain is the inherent power of the government to take over a citizen's property for public use without the owner's consent. Initially, this public policy originated in the Middle Ages throughout the world. It became part of the British common law before reaching the United States where it was then illustrated in the US Constitution in ...

  17. Introduction, EMINENT DOMAIN: A COMPARATIVE PERSPECTIVE

    EMINENT DOMAIN: A COMPARATIVE PERSPECTIVE, Iljoong Kim, Hojun Lee, Ilya Somin, eds., Cambridge University Press, pp. 1-7, 2017 George Mason Law & Economics Research Paper No. 17-26 8 Pages Posted: 24 May 2017 Last revised: 25 May 2017

  18. eminent domain

    Overview. Eminent domain refers to the power of the government to take private property and convert it into public use, referred to as a taking.The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners. A taking may be the actual seizure of property by the government, or the taking may be in the form of a regulatory ...

  19. Eminent Domain Essays: Examples, Topics, & Outlines

    Kelo Eminent Domain Was the. PAGES 10 WORDS 2707. " The public outcry against the Kelo decision confirms that citizens simply do not trust the government when it comes to their personal property. Definitions and Meanings. Justice Sandra Day O'Connor strongly opposed the majority decision (Urbigkit, 2006).

  20. Eminent Domain Essay

    Eminent Domain Essay. Eminent domain is an idea that dates all the way back to the 1100s in Europe. (Reynolds) It is the power of the government entities to take private or public property for public use. (Ashley) The meaning of public use has been attempted by the courts but has never been determined by law.

  21. Constitutional Law: Eminent Domain

    Summary. Constitutional Law: Eminent Domain Introduction In relation to property rights and responsibilities, constitutional crisis at times crops up. In this paper, it is proposed to examine State's power of eminent domain in the light of the recent decision of the U.S…. Download full paper File format: .doc, available for editing.

  22. Zoning and eminent domain Essay [756 Words] GradeMiners

    Zoning and eminent domain essay for free ️️756 words sample for your inspiration Download high-quality papers from GradeMiners database. Essay Samples. American History; Art; ... Introduction . Zoning is a process that a government would take while planning the cities layout or anything that is to be erected from the ground in a city. It ...

  23. Eminent Domain Essay

    1. Eminent Domain Essay Student name Institution name Date Introduction Question: Is the policy of eminent domain providing for the public welfare, through the taking of privately owned property, using a rightful procedure involving due process and just compensation as it was intended to do when the policy was founded? Eminent domain is the inherent power of the government to take over a ...