Eminent Domain Flashcards
1
Q
Eminent domain is the government’s ___ Amendment right to take private property for ________ _______ in exchange for _____ _______.
A
5th
Public Use
Just Compensation
2
Q
What is an explicit act of eminent domain?
A
condemnation
3
Q
What is an implicit or regulatory act of eminent domain?
A
gov’t regulation that, although not intended be a taking, has the same effect.
4
Q
A buys land in NC for development. Three months later, the government imposes a ban on all development. Does A have a case against the gov’t? Under what theory
A
Yes. Under the theory of an implicit taking.
5
Q
If the gov’t commits a regulatory taking, it must either . . .
A
Compensate the owner OR
Terminate the reg AND pay owner for damages that occurred while the reg was in effect.
