Eminent Domain Flashcards
When can a locality exercise eminent domain?
Public need for property expressed in resolution or ordinance
Condemnor (the locality) made a good faith offer and they can’t agree on price
What are qualified public uses?
Use by the public
Public facilities like airports, libraries, jails
Use by utility or a railroad
Eliminate blighted property that is a public safety issue
When owner agrees
Who has the burden to show purpose is public in a case of eminent domain?
Locality. There is no presumption of public use.
Except for utility takings or railroad, a taking by eminent domain:
Public interest must predominate over private gain
Cannot aid private enterprise or create private benefit
Cannot be to increase a tax base, create more jobs, or general economic development
What is the recovery for a eminent domain taking in circuit court?
FMV of property + lost access cost + lost profits (3 yr limit)
What are the fact finders of an eminent domain case called?
Jurors or commissioners
What is inverse condemnation?
Property is taken indirectly by damage or rendering less useful.
What is the remedy for inverse condemnation? Can sovereign immunity apply?
Declaratory judgment and damages
No
