Eminent Domain Quiz

Question 1

1.It is never legal for the government to take the property of one private citizen and transfer it to another private citizen through eminent domain.
A. True
B. False

Answer 1

B. False

Question 2

2.In Berman v. Parker, the Court held that a “piecemeal approach” was acceptable because non-blighted properties should not be taken through eminent domain.
A. True
B. False

Answer 2

B. False

Question 3

3.The legislative system decides what constitutes a “public use” for purposes of eminent domain.
A. True
B. False

Answer 3

A. True

Question 4

4.In order to constitute a “public use” under the 5th Amendment, property taken through eminent domain must be put into direct use and occupancy by the public.
A. True
B. False

Answer 4

B. False

Question 5

5.Just compensation is calculated based on the fair market value of the property at its highest and best use.
A. True
B. False

Answer 5

A. True