Lesson 10: Eminent Domain and Property Rights

Question 1

Restriction on Eminent Domain

Answer 1

The Fifth Amendment provides no private property shall be taken by the government for public use without just compensation.

Question 2

Rule of Pennsylvania Coal Co. v. Mahon

Answer 2

Under the Fifth Amendment, a taking of property will be found if a regulation results in a severe diminution of the property’s value. That is, once the regulation reaches a certain magnitude, there must be an exercise of eminent domain and compensation to sustain the regulatory act. While great deference is to be given to the legislature’s judgment, each case will turn upon its particular facts.