Eminent Domain Analysis

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Author:
Anonymous
ID:
29673
Filename:
Eminent Domain Analysis
Updated:
2010-08-11 23:55:09
Tags:
Eminent Domain Property
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Description:
Eminent Domain Analysis
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  1. Eminent Domain Components
    Question Presented

    Fifth Amendment Aspects

    Broad View

    Narrow View
  2. Question Presented
    Under what circumstances should government activities be considered as a taking (as opposed to a regulation)?
  3. Fifth Amendment Aspects
    • 1. Power to Take
    • 2. Public Use Requirement
    • 3. Just Compensation
  4. Power to Take
    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.
  5. Public Use Requirement
    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.
  6. Just Compensation
    Just compensation is the duty to compensate.

    • Fair Market Value
    • - Reasonable educated buyer to reasonable educated seller
    • - Depends on taking/Full or Some
  7. Broad View
    Public use means advantage or benefit to the public
  8. Narrow View
    Public use means actual use or right to use of the condemned property by the public.

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