Eminent Domain

Question 1

General Rule

Answer 1

No private property shall be taken except for a public purpose and with full compensation therefor paid to each owner

Question 2

Public Purpose

Answer 2

Property must be used for public purpose

Elimination of slum, blight, or public nuisance is not a valid public purpose

Question 3

Taking

Answer 3

No compensation is required by the constitution unless an actual taking has occurred.

Question 4

Just Compensation

Answer 4

full compensation at fair market value must be paid if there is a taking

Question 5

Pre-Suit Negotiations

Answer 5

Before an eminent domain proceeding is brought, the condemning authority must attempt to negotiate in good faith with property owner

Question 6

Inverse Condemnation

Answer 6

No formal exercise of eminent domain powers. Property owner institutes suit when the state acts in a manner that effectively deprives owner of the use of property