RULE Statements Flashcards
1
Q
Taking for public safety
A
Demolition for the sole reason of public safety is not considered a taking and therefore does not fall under the principles of eminent domain. The government owes the landowner just compensation for taking property for use, but if it is destruction to protect the public it is not use.
2
Q
Procedural Due Process-Taking
A
The due process clause of the 141h Amendment requires that the landowner have a fair and impartial hearing to determine if the land qualifies under eminent domain/public use, and the just compensation.
