Government Forbearance & Takings Flashcards
1
Q
Eminent Domain
A
Government can implicity take land through eminent domain, but the 5th amendment requires
1. It must be for public use
2. Government must provide compensation
2
Q
Public Use
A
Government CANNOT take land and give it to a private party
3
Q
Public Use & Economic Development
A
Kelo v. City of New London, CT: City was allowed to take land from landowners to develop an area so that companies would invest and build their company in a nearby property. Ct held this was a valid public use, viewing each individual taking “in light of the plan.”
Norwood v. Horney: A municipality may not use its eminent domain authority if economic benefit is the sole basis for satisfying economic use requirement (opposite of Kelo)
