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City of New London, 545 U.S. 469 (2005) went a step further and affirmed the authority of New London, Connecticut, to take non-blighted private property by eminent domain, and then transfer it for a dollar a year to a private developer solely for the purpose of increasing municipal revenues. This 5–4 decision received heavy press coverage and ...
Many railroads were given the right of eminent domain to obtain land or easements in order to build and connect rail networks. In the mid-20th century, a new application of eminent domain was pioneered, in which the government could take the property and transfer it to a private third party for redevelopment.
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 ...
Eminent domain does allow the government to seize private property for public use, but the law also requires just compensation for the property owner. The definition of “just compensation” is ...
Dissenting in Kelo, Justice Sandra Day O'Connor warned that "all private property is now vulnerable to being taken and transferred to another private owner, so long as it might be upgraded—i.e ...
Eminent domain claims can make the case that your property would better serve the public if it was ... or property, without due process of law; nor shall private property be taken for public use ...
The Law of Eminent Domain; A Treatise on the Principles which Affect the Taking of Property for the Public Use. Vol. II. Albany, New York: Matthew Bender & Company. OCLC 43697002 – via Internet Archive. Epstein, Richard Allen (1985). Takings: Private Property and the Power of Eminent Domain. Cambridge, Massachusetts: Harvard University Press.
Usually, the government files an eminent domain action to take private property for public use and just compensation is determined at trial if the landowner does not settle with the government. However, when the government fails to file an eminent domain action and pay for the taking, the owner may seek compensation in an action called inverse ...