Eminent domain refers to the power of the government to take private property and convert it into public use. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.
Just Compensation Requirement
In Kohl v. United States, 91 U.S. 367 (1875), the Supreme Court held that the government may seize property through the use of eminent domain, as long as it appropriates just compensation the owner of the property. In Loretto v. Teleprompter Manhattan CATV Corp. 458 US 419 (1982), the Supreme Court clarified that when the government engages in a taking and implements a permanent physical occupation of the property, it must provide the property owner with just compensation, even if the area is small and the government’s use does not greatly affect the owner’s economic interest.
Public Use Requirement
In Kelo v. City of New London, Connecticut, 545 U.S. 469 (2005), the Supreme Court held that general benefits which a community would enjoy from the furthering of economic development is sufficient to qualify as a “public use.”
Eminent Domain. (2018, November 13). Retrieved May 16, 2019, from https://www.law.cornell.edu/wex/eminent_domain