Eminent Domain Flashcards
1
Q
Eminent Domain
A
The power of the government to force people to sell property to them.
2
Q
Takings Clause
A
5th Amendment. Private property cannot be taking by the government without just compensation
3
Q
Condemnation
A
The process which property is taken and compensation is paid
4
Q
Broad View Public Use
A
anything that benefits the public
5
Q
Narrow View Public Use
A
the actual condemned property must be used by the public
6
Q
Explicit Taking
A
Government takes land with notice
7
Q
Regulatory Taking
A
Government regulation never intended to be a taking but land is now useless due to regulation. The taking that went to far
8
Q
Taking per se
A
government’s physical invasion of the land
9
Q
Total taking
A
the government regulation prohibits all economically beneficial uses of the private land
