Eminent Domain

Question 1

Eminent Domain

Answer 1

• Power of the state/fed govt to take private property for public use. (public use - broadly interpreted) -

2 types: 1) Condemnation / 2) Inverse Condemnation

Question 2

Eminent Domain - Condemnation

Answer 2

• Judicial proceeding started by govt in order to obtain title + compute compensation to due owner
• Compensation: FMV at its “highest and best use” (shared by LL and T’s)

Question 3

Eminent Domain - Inverse Condemnation

Answer 3

• Judicial proceeding started by owner when:
• restriction to use of property are so substantial they equal a taking.
• New zoning/ historic landmark restriction not enough.