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The issue of regulatory takings arises from the interaction between exercise of the traditional police power and exercise of eminent domain. The police power is the inherent state government power, to do what is reasonably necessary to promote and protect public health, safety, welfare and morals.
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.
The term "eminent domain" was taken from the legal treatise De Jure Belli et Pacis, written by the Dutch jurist Hugo Grotius in 1625, [4] which used the term dominium eminens (Latin for supreme lordship) and described the power as follows:
The Fifth Amendment imposes two restrictions on government takings of private property: They must be accompanied by "just compensation," and they must be for "public use."
Professor Benjamin Barros states, "Shaw's attempt to make a principled distinction between eminent domain and the police power was understandable. In the 19th century, it was widely accepted that just compensation was required only for physical takings, and regulatory restraints on property were generally considered to be outside of the scope ...
The case gives the Supreme Court an opportunity to revisit a widely reviled decision that invited such eminent domain abuses. The Government Took a Developer's Land and Gave It to a Competitor. In ...
Inverse condemnation is a legal concept and cause of action used by property owners when a governmental entity takes an action which damages or decreases the value of private property without obtaining ownership of the property through the use of eminent domain. Thus, unlike the typical eminent domain case, the property owner is the plaintiff ...
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.