Eminent Domain

Question 1

What is eminent domain?

Answer 1

When the government takes your property from you for a public use and just compensation must be paid

Question 2

Where does the authority for eminent domain come from?

Answer 2

The constitution, specifcally the 5th amendment

Question 3

What kind of property can be taken by eminent domain?

Answer 3

There is no kind of property or property right that cannot be taken by eminent domain.

Question 4

Initially, what was the public use requirement?

Answer 4

That there had to be a direct use and occupancy by the public

Question 5

Now, generally, what is the public use requirement?

Answer 5

Just a benefit to the public.

Question 6

Public use is coterminous with . . .

Answer 6

police powers. Health, safety, welfare.

Question 7

Who decides what public use is?

Answer 7

Public use is what congress says it is

Question 8

For public use, if legislation implements a . . .

Answer 8

comprehensive plan, then no piecemeal approach may be used.

Question 9

Public use

If the end that congress is pursuing is . . .

Answer 9

legitimate, then eminent domain is possible.

Question 10

It is within the legislature’s power to determine that the community should be . . .

Answer 10

beautiful as well as healthy, spacious, clean, well balanced, and carefully patrolled.