Taking Compensation Private. - Stanford Law School

Taking Compensation Private.

By Stanford Law School

  • Release Date - Published: 2007-02-01
  • Book Genre: Law
  • Author: Stanford Law School
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INTRODUCTION Eminent domain is a controversial prerogative, and an obvious challenge to vital private property rights. It is not surprising, therefore, that this power has sparked a great deal of public interest and scholarly debate. The Takings Clause of the Fifth Amendment places two restrictions on the power of the government to take private property. First, taken property must be put to public use. Second, just compensation must be paid to aggrieved property owners. The public use requirement has gradually been rendered virtually non-existent in light of the Supreme Court's rulings in Hawaii Housing Authority v. Midkiff and then in Kelo v. City of New London that the public use clause is conterminous with the government police powers. (1) Consequently, "just compensation" remains the only meaningful safeguard of private property rights and the only check on government abuse of its eminent domain power.

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