Chapter 13 Eminent Domain Flashcards
For eminent domain to be valid, what are the three elements that should be met?
there should be relation to the health, safety, or general welfare fo the community
What does eminent domain analysis come down to?
PUBLIC USE.
if it is for public use then just compensation is determined.
How do courts evaluate if an exercise of eminent domain is related to a public use?
“where the exercise of the eminent domain power is rationally related to a conceivable public purpose” it is Constitutional.
Rational Basis Test
the government’s goal must be legitimate (conceivable )
and the action that has been taken must be Rationally related to that goal
what is normally considered just compensation
fair market value
the price a willing seller would accept and a willing buyer would pay.
Things not considered for fair market value
consequential damages
value of emotional attachment
loss in business goodwill
Is economic development considered a public use?
YES
Economic development = a legitimate exercise of the police power= a public purpose a valid public use for the sake of eminent domain.
True or False: A state may interpret its state constitution as requiring a more narrow definition of public use than the federal Takings Clasuse
True
States must provide at least as much protection for property owners as the federal takings clause requires, they can and often do provide more protection. Many states have passed legislation to limit the exercise of eminent domain or prohibit its use for economic development purposes.
True or False
The fact that property taken by eminent domain is transferred directly to private beneficiaries does not mean that the taking does not have a public purpose.
True.
the SC has rejected any literal requirement that condemned property be put into use for the general public. it is only the taking’s purpose and not its mechanics that must pass scrutiny under the takings clause. while the precise meaning of “public use” remains unclear, its scope is fairly broad and includes instances where the government take the private property of A and transfers it to private individual B.
True or False
The public use limitation prevents government from using its power of eminent domain to take property for a purely private use even if it pays just compensation to the owner.
True.
The Takings Clause demands that any taking by the government be for a public use. While the government can take A’s property and transfer it to private citizen B, there must be an underlying public purpose for the use of eminent domain to meet constitutional requirements. Some substantial nexus to the health, safety, or general welfare of the community must be present.
True or False
Use of eminent domain requires that it actually meet its stated public purpose.
False
The Supreme Court has determined that only a rational-basis standard of review is appropriate. Importantly, whether in fact the use accomplishes its objective is not of central concern. The constitutional requirement is satisfied if government rationally could have believed that the use would promote its public purpose objective. If the government’s purpose is legitimate and the use of eminent domain rationally promotes this purpose, courts will not analyze the wisdom of the government’s actions.
“nonuse” and preservation
public use requirement has come to mean any use that serves a legitimate public purpose. Preservation of a resource is an important public goal that furthers the general welfare of the community, even if there is no affirmative use of the land- it can be condemned in order to maintain the natural state.
Kennedy concurrence
a taking intended to “favor a particular private party with only incidental or pretextual public benefits” does not satisfy the public use standard.
who usually determines when an exercise of eminent domain is for public use?
the legislature
5th amendment restriction to eminent domain
restricted to “legitimate public purpose”
