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In the United States, eminent domain is the power of a state or the federal government to take private property for public use while requiring just compensation to be given to the original owner. It can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are ...
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 ...
When it came time to draft the United States Constitution, differing views on eminent domain were voiced. The Fifth Amendment to the Constitution requires that the taking be for a "public use" and mandates payment of "just compensation" to the owner.
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.
Establishes the direct election of United States senators by popular vote. May 13, 1912 April 8, 1913 330 days 18th: Prohibits the manufacturing or sale of alcohol within the United States. (Repealed on December 5, 1933 by the 21st Amendment.) December 18, 1917 January 16, 1919 1 year, 29 days 19th: Grants women the right to vote. June 4, 1919
A Treatise on the Law of Eminent Domain in the United States. Chicago, Illinois: Callaghan & Company. LCCN 13010152. OCLC 1668306. Nichols, Philip (1917). The Law of Eminent Domain; A Treatise on the Principles which Affect the Taking of Property for the Public Use. Vol. I. Albany, New York: Matthew Bender & Company.
United States v. Carmack, 329 U.S. 230 (1946), was a unanimous decision of the Supreme Court of the United States which held that the United States federal government was empowered by Condemnation Act of August 1, 1888; the Public Buildings Act of 1926; and the United States Constitution to exercise its right of eminent domain over land containing buildings owned by a state or local government.
United States, 91 U.S. 367 (1875), was a court case that took place in the Supreme Court of the United States. It invoked the Fifth Amendment to the United States Constitution and is related to the issue of eminent domain .