Eminent Domain

Question 1

Local governments have the power to condemn private property, within its jurisdiction, for

Answer 1

public use provided that just compensation is paid

Question 2

Public uses is when the property is taken for (The government bears the burden of proving of that a use is public)

Answer 2

1) for the possession, ownership, occupation and enjoyment by the public or public corp.

2) Construction, maintenance, or operation of public facilities of a public corporation

3) the creation or functioning of any public service corporation or railroad

4) the provision of any authorized utility service

5) the elimination of blight

6) as part of a redevelopment or
conservation areas where the property is abandoned

except -
Takings to improve the tax base or the creation of jobs
Also, no more private property may be taken other then that is needed to achieve the state public use

Question 3

Just compensation

Answer 3

FMV at the time of the taking ——Taking into account the property’s adaptability and suitability for any legitimate purpose in light of the conditions and circumstances at the time. —–A vacant lot in a commercial area will get more than a vacant lot in middle of nowhere
A court is not bound by the localities determination of the FMV of property

Question 4

Procedure to condemn

Answer 4

1) Gov must make bona fide offer to purchase the property unless the owner is unable to confer legal title (because of something like a disability) or cannot be located in the state

2) If the offer is rejected then the local government must file a petition for condemnation in the circuit court where property is located

Question 5

The petition must do 5 things

Answer 5

1) Describe the property to be taken
2) Describe the interest or rights to be taken
3) identity the authority for taking
4) identify the necessity for the work or improvements to be made; and
5) identify the public uses for which the property is to be taken

Question 6

Disposition of property

Answer 6

Cities or towns cannot sell their rights to public places, nor can they sell their water or electric works without first obtaining 3/4 vote by all elected members of the governing body- This restriction does not apply to counties

No franchise, lease or right of any kind to use public property can be granted for more than 40 years, except for air rights which can be leased for 60 years

Question 7

Disposition of property

Answer 7

Cities or towns cannot sell their rights to public places, nor can they sell their water or electric works without first obtaining 3/4 vote by all elected members of the governing body- This restriction does not apply to counties

No franchise, lease or right of any kind to use public property can be granted for more than 40 years, except for air rights which can be leased for 60 years