Eminent domain applies in the acquisition of private property for the good of the public. In most cases, the government applies it towards property acquisition because it works towards the wellbeing of the public and serving their interest. It is rare for a private institution that is not concerned with the public interest to exercise this principle since they seek to satisfy self-interest. In this case, Boston red Sox is a private entity that wants to acquire a public land to build a private entity. Building a baseball stadium is a private property or initiation that should not be based on the principle of eminent domain.
The US Fifth Amendment of the Constitution allows the acquisition of private land for economic development that serves in the interest of the public (Lane, 2005). In this case, the Eminent Domain does not apply because it is a private entity that wants to acquire a public land. As noted, a private property is owned by an individual and has no space for public and this make it to serve different interest as opposed to the public. At the same time, the law is very clear that upon the acquisition of the property to serve the public good, adequate compensation must be ensured (Todd, 2008). Thus, Boston red Sox can acquire the land on this principle upon proving that the baseball stadium is for the public good and not for the commercial purpose. However, the burden of proof might be elaborate because public interest is never ending and the decision might limit the organization from future changes it might require to make on the facility.
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- Lane, C. (2005). Defining limits of Eminent Domain. Retrieved from http://www.washingtonpost.com/wp-dyn/articles/A45249-2005Feb22.html
- Todd, J. (2008). Eminent Domain-Part 1: limits on the power of eminent domain. Retrieved from http://www.mcafeetaft.com/eminent-domain-part-1-limits-on-the-power-of-eminent-domain