Eminent Domain

Question 1

Considerations

Answer 1

• Think about how a taking could apply to a martial property. If the government changed the law from tenancy by the entirety to joint tenancy with rights to survivorship. Not beneficial to the public
• Taking in the context of zoning…what if it helps develop the area that’s being zoned for the better. The pharmaceuticals case Poletown

Question 2

Kelo

Answer 2

Can anything be for public purpose? Is it ever ok to take land from the poor and give to the wealthy?

Rule: A state’s use of eminent domain to condemn property from private individuals and redistribute it to other private individuals constitutes a “public use: under the 5th amendment if it is rationally related to a conceivable public purpose

Consider: court should in engage in sufficient factual inquiry to determine that eminent domain programs are not being used to unfairly advantage one private group over another

-Is taking at odds with the country’s tradition of upholding private property rights? Private Property has historically been prioritized over government rights.

Question 3

Eminent domain satisfying the public use

Answer 3

1. taking property for public ownership such as public roads
2. Taking property or use by common carriers, like railroads and airports who put the property to use (Causby)
3. taking for private ownership in the contextt of some sort of public program

Question 4

Berman

Answer 4

Government condemned slums of SW DC and gave minimal compensation to landowners.

Rule: Taking private land and reselling to private developers is fine if it’s in the public’s interest to do so

Question 5

Noxious rule

Answer 5

Even if a government regulation is deemed a taking, it may still be viewed as justified if it meets the noxious use test. Under this test, a regulation adopted under police power to protect the public health, safety, or welfare is not a taking even if the taking reduces the value of property