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Eminent domain has been used to acquire land from African-Americans for urban renewal redevelopments [25] and in other cases to dispossess them and remove them from areas where their presence was not desired by white neighbors, e.g. Bruce's Beach subdivision in Los Angeles, California. [26]
Kelo v. City of New London, 545 U.S. 469 (2005), [1] was a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that the use of eminent domain to transfer land from one private owner to another private owner to further economic development does not violate the Takings Clause of the Fifth Amendment.
Most states use the term eminent domain, but some U.S. states use the term appropriation or expropriation (Louisiana) as synonyms for the exercise of eminent domain powers. [47] [48] The term condemnation is used to describe the formal act of exercising the power to transfer title or some lesser interest in the subject property.
Two brothers are asking the Supreme Court to stop their town from using eminent domain to steal their land for an empty field.
At a special meeting last Thursday, the Town Council authorized the use of eminent domain to seize a 31-acre site currently owned by developer Waterman Chenango LLC. The eminent domain resolution ...
The Brewers received a 30-day notice to vacate their home back in 2018 after it was seized by the state through eminent domain — which is when governments take over private property for public use.
The "Takings Clause", the last clause of the Fifth Amendment, limits the power of eminent domain by requiring "just compensation" be paid if private property is taken for public use. It was the only clause in the Bill of Rights drafted solely by James Madison and not previously recommended to him by other constitutional delegates or a state ...
But in eminent domain cases, fair market value is defined as the highest price obtainable in the open market with the value not being influenced by the imminence of the eminent domain taking. In other words, the property must be valued as if the project for which it is being taken did not exist — this is known as the "project influence" doctrine.