Eminent Domain

Question 1

What is eminent domain?

Answer 1

The governments power to take property

Question 2

What are the requirements of eminent domain?

Answer 2

Government action to take a private person’s property, with notice and opportunity to be heard, and the property must be for the public use and just compensation must be made

Question 3

What may the government take through the eminent domain power?

Answer 3

Real property, personal property, easements

Question 4

True of False: For the public use requires that the public actually gets to use the property

Answer 4

False. “The Court long ago rejected any literal requirement that condemned property be put into use for the general public.”

Question 5

What is the public use

Answer 5

The property will be open to the public OR will benefit the public. Property can be given to private entities so long as there is public benefit

Question 6

True or False: Congress decides what is the “public use”

Answer 6

As true as it is dumb

Question 7

Common uses of eminent domain

Answer 7

Roads, beautification, economic development

Question 8

True or False: the public use has the same bounds as the police power

Answer 8

True

Question 9

Just compensation is

Answer 9

The fair market value of the property based upon its highest and best use