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Concept
Eminent Domain
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
'.
Concept
Takings Clause
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
.
Concept
Just Compensation
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 owner
s are not
economically disadvantaged
by
eminent domain
actions.
Concept
Inverse Condemnation
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 owner
s 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
.
Concept
Police Power
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
Lucas Test
Concept
Penn Central Test
Concept
Public Use
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
.
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