美国财产法Chapter 12 Eminent Domain.docx

Chapter 12 Eminent DomainIntroductionDefinition: The power allowing federal, state, and local governments to take property from a private owner who refuses to voluntarily sell. The process of exercising this power to take property is called condemnation.Constitutional Limitations: The 5th Amendment: Nor shall private property be taken for public use, without just compensation”(1) Private property = includes all estates and future interests in real property, and tangible and intangible personal property(2) taken = usually easily satisfied in most eminent domain cases b/c the government is obtaining some form of title + physical permanent possession of the property ( but note material on regulatory takings , which has a more complex definition)(3) For public use = discuss this in Kelo(4) Without just compensation = usually equivalent to FMV, but could be complex in certain casesDefining Public Use(1) Easy definitions/situations when public use is implicated: when private land is taken away to build a highway / to build a military base / to build a government installation / to build a public facility / to build a police station / etc.(2) Harder question: what if property is transferred from one private owner to another for economic development purposes? ? The Supreme Court - in the Kelo v. City of London case, upheld the traditional standard: the public use requirement is satisfied if the taking serves a legitimate public purpose, even if the government realizes this purposes by taking property from one owner for the purpose of conveying it to another ownerScope of public useKelo v. City of New London (2005)Facts: Pfizer Inc wants to build a research facility on the City which would create 1000 jobs to the area. In 2000, the City approved the development plan, and proposed to use the power of eminent domain to acquire some residents` property. There is no allegation that any of these properties is blighted or in poor condition. The properties were condemned only becau