Knowra Eminent domain Eminent domain Eminent domain is the government's power to take private property for public use, generally subject to compensation. Its scope and procedures vary by jurisdiction.
Public use : A legal requirement that property taken through eminent domain serve a public purpose or use. It is the constitutional condition that distinguishes a lawful taking from a seizure for purely private ends.
Fifth Amendment to the United States Constitution : A constitutional amendment that protects against compelled self-incrimination, double jeopardy, and deprivation of life, liberty, or property without due process. Its Takings Clause supplies the federal constitutional rule for public-use takings and compensation.
Kelo v. City of New London : A 2005 Supreme Court decision allowing a city's economic-development plan to satisfy the federal public-use requirement. It upheld a controversial taking that transferred homes to private developers under a public plan.
Police power : The government's authority to regulate conduct and property to protect public health, safety, morals, and welfare. Regulation under police power may restrict property without transferring ownership or necessarily requiring compensation.
Urban renewal : The redevelopment of urban areas through public planning, investment, or clearance of existing buildings. Eminent domain has enabled large redevelopment projects and the displacement they can cause.
Just compensation : Payment constitutionally required when government takes private property for public use. Compensation is the usual financial safeguard for owners whose property is taken.
Takings Clause : The Fifth Amendment provision barring the taking of private property for public use without just compensation. This clause is the central constitutional text governing eminent domain in the United States.
Berman v. Parker : A 1954 Supreme Court decision upholding a redevelopment plan that condemned property in a blighted area. It treated comprehensive urban redevelopment as a public purpose, even for property not itself blighted.
Regulatory taking : A government regulation that limits property use so severely that it is treated as a taking requiring compensation. Unlike eminent domain's formal acquisition, this claim concerns the effects of regulation.
Displacement : The forced movement of people from their homes or communities by external pressures or decisions. Property takings can uproot residents and disrupt established communities.
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