Your Money. Personal Finance. Your Practice. Popular Courses. What Is Eminent Domain? Key Takeaways Eminent domain is the right of governments like the United States to usurp private property for public use, following fair compensation. Everything from airspace, land, and contract rights to intellectual property is subject to eminent domain if a case can be made for its public use.
The legal debate surrounding unfair invoking of eminent domain, such as when property owners are not fairly compensated, is called inverse condemnation. Article Sources. Investopedia requires writers to use primary sources to support their work. These include white papers, government data, original reporting, and interviews with industry experts. We also reference original research from other reputable publishers where appropriate.
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Condemnation is when a government orders a dwelling, building, or other property to be vacated and kept vacant. Just Compensation Definition Just compensation refers to the compensation individuals receive when their property gets seized by the government for public use. Requisitioned Property Definition Requisitioned property is property that is involuntarily seized by a governmental authority for any reason. Expropriation Expropriation is when the government seizes privately owned property to be used for the benefit of the public.
Pro Tanto Pro tanto is a Latin phrase meaning "only to that extent" and is associated with a partial payment on a legal claim. What Is Due Process? Due process is a requirement that legal matters be resolved according to established rules and principles and that individuals be treated fairly. Partner Links. Related Articles. Economics What are the main differences between a mixed economic system and pure capitalism? In Kelo v. City of New London , Susette Kelo and a six other homeowners in New London, Connecticut, had their property taken through eminent domain for private economic development projects.
Although this case dealt an unprecedented blow to property rights nationwide, state legislatures have taken it upon themselves to do what the U. Supreme Court refused to do and protect private property from tax-hungry governments and land-hungry developers. In the one year after Kelo , 31 states passed laws curbing the abuses sanctioned by that decision.
To check the status of eminent domain reform in your state, visit our Legislative Center. Constitution The founders were concerned about the potential abuse of eminent domain—an early U. Early Uses of Eminent Domain For most of the 19 th and early 20 th centuries, governments permitted eminent domain to be used only for true public uses, such as roads, bridges, parks, and public buildings and facilities.
Eminent domain is a power that is independent as it pertains to the government. It is an attribute of sovereignty. The one mention of eminent domain in the U. Constitution is found in the Fifth Amendment. Federal eminent domain power was first seen in the late s in the United States. It was a case in , Kohl v.
United States when an owner of a piece of land in Cincinnati, Ohio tried to fight the government over the taking of his land. The government wanted the land in order to open up both a post office building and a custom house. The U. Supreme Court ruled in favor of the government and states that the power of eminent domain was necessary in order for the government to be independent and to exist with perpetuity.
The majority of eminent domain cases have circulated around the need for the government to try and improve transportation across the United States. In Florida, for example, eminent domain cases have been brought forward in order to try and obtain land for highways, railroads, and so on. The reality with densely populated areas is that there is not much left in terms of actual public land.
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