Eminent Domain

Question 1

When can a locality exercise eminent domain?

Answer 1

Public need for property expressed in resolution or ordinance

Condemnor (the locality) made a good faith offer and they can’t agree on price

Question 2

What are qualified public uses?

Answer 2

Use by the public

Public facilities like airports, libraries, jails

Use by utility or a railroad

Eliminate blighted property that is a public safety issue

When owner agrees

Question 3

Who has the burden to show purpose is public in a case of eminent domain?

Answer 3

Locality. There is no presumption of public use.

Question 4

Except for utility takings or railroad, a taking by eminent domain:

Answer 4

Public interest must predominate over private gain

Cannot aid private enterprise or create private benefit

Cannot be to increase a tax base, create more jobs, or general economic development

Question 5

What is the recovery for a eminent domain taking in circuit court?

Answer 5

FMV of property + lost access cost + lost profits (3 yr limit)

Question 6

What are the fact finders of an eminent domain case called?

Answer 6

Jurors or commissioners

Question 7

What is inverse condemnation?

Answer 7

Property is taken indirectly by damage or rendering less useful.

Question 8

What is the remedy for inverse condemnation? Can sovereign immunity apply?

Answer 8

Declaratory judgment and damages

No