Eminent Domain

Question 1

Eminent Domain defined

Answer 1

-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

- for example, the gov’t condemns your land to make way for a public highway

Question 3

Implicit or Regulatory Takings

Answer 3

-a governmental regulation that, although not intended to be a taking, has the same effect

Question 4

Remedy for a Regulatory Taking:

Answer 4

-gov’t must either:
i-compensate the owner OR
ii-terminate the regulation and pay owner for damages that occurred while regulation was in effect