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“Up” in the Air with Nail Houses

After a beautiful life and marriage cut short by his wife’s premature passing, Up (2009) depicts an elderly gentleman’s quest to fulfill his childhood “cross-my-heart” sweetheart promise to move to Paradise Falls in South America. Enter Russell: a young boy who is one “Be kind to the elderly” act away from earning his final badge toward becoming a Wilderness Explorer. Karl Frederickson has to continually choose between fulfilling personal desires and including Russell on his quest. Frederickson winds up discovering that the adventure doesn’t lie in the destination but in the journey. Frederickson’s nail house, which was so important to him at the beginning of the movie primarily because of its memories, gets appropriately left behind in his finding that life is never too late for new experiences. The fifth amendment of the United States Constitution generally protects private property from governmental seizure without “just compensation.” However, eminent domain (compulsory seizure for civil use, public safety, or economic development) allows the transfer of private property for the public interest in exchange for fair market value. Eminent domain represents a skirmish between individual property rights, public property, the common good, and private economic development.

The Constitution has traditionally been quite clear about public use, just compensation, and due process as prerequisites for eminent domain. But during contemporary times, Costco is a “public use”; just compensation is getting pennies on the dollar., and cities have offered owners nothing for their land, doing them “favors” to take it off their hands. So this is the world that we have come to. And how just did we get UP there?

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