Eminent Domain

Question 1

When may a government exercise eminent domain?

Answer 1

Rational basis for the taking must be in the police power (public safety, health, or welfare)

In Berman, Court expanded this to allow government to take land for a “public purpose”.

Question 2

Can an ordnance designed to protect values and to maintain “a high character of community development” be a valid exercise of the police power?

Answer 2

Yes. An ordnance designed to protect values and to maintain “a high character of community development” is in the public interest and contributes to the general welfare. (Cleveland Heights)