• Bookmarks

    Bookmarks

  • Concepts

    Concepts

  • Activity

    Activity

  • Courses

    Courses


Eminent domain is the power of the government to take private property for public use, with the requirement of providing just compensation to the property owner. This legal principle is often exercised for infrastructure projects, but it can be controversial due to the impact on property rights and debates over what constitutes 'public use'.
The Takings Clause, found in the Fifth Amendment of the U.S. Constitution, ensures that private property cannot be taken for public use without just compensation. This clause is a fundamental limitation on government power, balancing the needs of the public with the rights of individuals by requiring fair compensation when private property is appropriated for public purposes.
Just compensation refers to the requirement that when private property is taken for public use, the government must provide fair market value payment to the property owner. This principle is rooted in the Fifth Amendment of the U.S. Constitution, ensuring that property owners are not economically disadvantaged by eminent domain actions.
Inverse condemnation is a legal action initiated by a property owner against a government entity that has effectively taken or damaged private property without formal expropriation proceedings or just compensation. It serves as a remedy for property owners to receive compensation when their property rights are infringed upon by government actions, such as zoning changes or environmental regulations, that do not involve direct seizure of property.
Police power refers to the capacity of a state to regulate behaviors and enforce order within its territory, often to protect the health, safety, morals, and general welfare of its inhabitants. It is a fundamental aspect of sovereignty, allowing governments to enact laws and regulations that may limit individual freedoms for the greater public good.
Concept
Concept
Public Use refers to the legal principle that allows government entities to expropriate private property for public benefit, typically under the doctrine of eminent domain, provided that just compensation is given to the property owner. This concept is crucial in balancing individual property rights with the needs of the community, such as infrastructure development, public safety, or environmental conservation.
3