Eminent Domain Analysis

Question Presented

Fifth Amendment Aspects

Broad View

Narrow View

Under what circumstances should government activities be considered as a taking (as opposed to a regulation)?

• 1. Power to Take
• 2. Public Use Requirement
• 3. Just Compensation

Eminent domain is the power of the government to force transfers of property from private owners to itself.

- Gov can transfer to self, public utilities, schools, or private parties

- From private person A to private person B not allowed.

Requires that property taken be for for public use only.

• Two Types of Public Use:
• 1. Pure Public Use
• - schools, parks, post office, etc. no question its for public use.

• 2. Non-pure Public Use
• - for example blighted properties in poor condition, gov may exercise Eminent Domain to rebuild area.

Just compensation is the duty to compensate.

• Fair Market Value
• - Reasonable educated buyer to reasonable educated seller
• - Depends on taking/Full or Some

Public use means advantage or benefit to the public

Public use means actual use or right to use of the condemned property by the public.