Eminent Domain Flashcards
1
Q
Eminent Domain Rule
A
The government can take private property for a public purpose if it provides full, fair market value compensation.
2
Q
Public Purpose
A
A public purpose is anything that provides an overall public good.
3
Q
Inverse Condemnation
A
Even if there is no formal exercise of eminent domain, when the state acts in manner that effectively deprives the owner of use or economic value of his property, the owner may assert inverse condemnation.
4
Q
Private nuisance
A
A taking may occur if the government activity unreasonably interferes with the use and enjoyment of the owner’s land.
5
Q
Public Nuisance
A
A public nuisance occurs when an activity unreasonably interferes with a right that the general public shares in common. The plaintiff must prove special damages.
