Eminent Domain

Question 1

5th Amendment, Takings Clause

Answer 1

“nor shall private property be taken for public use without just compensation”

Doesn’t grant power, only limits eminent domain

Question 2

Eminent Domain

Answer 2

The right of people or the government to take private property for public use

Question 3

Economic Efficiency

Answer 3

Relationship btwn legal rules and economic effects; focus on increasing wealth

Question 4

Distributive Justice

Answer 4

Fairness in how stuff is allocated

Question 5

Kelo v. New London

Answer 5

1. Govt CAN exercise eminent domain when it is keeping BOTH the land and title
2. Government CAN exercise eminent domain if it keeps the title and leases the property to private purchasers
3. Economic development qualifies under Takings Clause because it is for public purpose

Question 6

Public Purpose

Answer 6

for the bettering of society; Aesthetic, economic…etc ; Looked at as a whole, not piecemeal when analyzing public purpose.

Question 7

Public Use

Answer 7

Difficult to administer; how much has to be used by the public and how much of the time

Question 8

Possible Effects of Eminent Domain being used for Economic Development Projects

Answer 8

• Gov’t Takes from the poor, politically powerless (usually minorities in low income communities) to replace with “urban renewal”; displaces minorities
• Loss of essential/inherent “propertiness” - expected property rights

Question 9

Hawaii v. Midkiff

Answer 9

State had power to acquire and redistribute land to private parties for purpose of redistributing land to prevent an oligarchy

Question 10

Eminent Domain Compensation

Answer 10

May be lower than what the seller would have hoped to get; based on real, current market value - NOT personal and sentimental value; this is done to prevent the bartering/haggling that is done during a private to private sale