Eminent domain

Question 1

Eminent domain definition

Answer 1

The government’s 5th Amendment power to take private property for public use in exchange for just compensation.

Question 2

Explicit takings

Answer 2

Acts of governmental condemnation.

• E.g., the government condemns O’s land to make way for a public highway.

Question 3

Implicit or regulatory takings

Answer 3

A government regulation that, although not intended to be a taking, has the same effect.

• E.g., government ban on development > economic wipeout of your investment.

Question 4

Remedy for explicit takings

Answer 4

Just compensation.

Question 5

Remedy for for regulatory takings

Answer 5

The government must either:
1. Compensate the owner
OR
2. Terminate the regulation and pay the owner for damages that occurred while the regulation was in effect.