Also known as:eminent-domain · condemnation · expropriation
Written by attorneys · grounded in primary & secondary sources — see below
The inherent power of a governmental entity to take privately owned property and convert it to public use. The power is limited by the requirement that the owner receive just compensation for the property taken.
Sources & Authorities
How it applies
Common Examples
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Servitude Benefit Condemned
Evelyn Ellison owns Blackacre subject to a servitude benefiting Emily Ellis on Whiteacre that preserves a view. The city condemns the servitude benefit to build a public park that blocks the view. The condemnation extinguishes the servitude because that result is the stated purpose of the taking.
Specific Devise Replaced by Award
Eric Espinoza's will specifically devises a parcel to Eva Espinosa. Before death the city condemns the parcel and the award remains unpaid. Eva receives the unpaid condemnation award rather than seeing the devise fail.
Select any source to read its text and confirm it supports the definition.
Cases
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Uniform Acts
Model Codes
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Study Supplements
Elliot Edmonds owns homes in a distressed neighborhood. The city condemns the parcels and transfers them to a private developer for a mixed-use project expected to increase tax revenue and jobs. The taking satisfies the public-use requirement.
Kelo, et al. v. City of New London545 U.S. 469, 503 (2005)
Landmark Regulation Challenge
Erika Echevarria owns Grand Central Terminal. New York City's landmark law prevents construction of a tower over the station. The owner claims the restriction amounts to a taking requiring compensation under eminent domain principles.
Penn Central Transportation Co. et al. v. New York City438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)
Street Widening Compensation
Echo Systems owns a strip of land along a city street. The city condemns the strip to widen the roadway for public traffic. Echo receives the fair market value of the taken land as just compensation.
Chicago, Burlington & Quincy Railroad Co. v. City of Chicago166 U.S. 226, 239, 17 S.Ct. 581, 585, 41 L.Ed. 979 (1897)
Temporary Development Moratorium
Elite Dynamics owns shoreline lots. A regional planning agency imposes a multi-year moratorium on development to study environmental impacts. The owner claims the extended restriction constitutes a taking that requires compensation.
Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency535 U.S. 302
Common questions
Frequently Asked
4
What constitutes a public use that justifies an exercise of eminent domain?+
Public use includes traditional government projects such as roads, schools, and parks as well as economic development plans that the government reasonably believes will produce public benefits like increased tax revenue and jobs.
Supporting sources
When does a land-use regulation become a taking that requires compensation?+
A regulation becomes a taking when it denies the owner all economically viable use of the land or when the character of the government action and the owner's reasonable investment-backed expectations together show that compensation is required.
Supporting sources
How does eminent domain affect a specific devise in a will?+
If the specifically devised property is taken before death and a condemnation award remains unpaid at death, the devisee receives the unpaid award rather than seeing the devise fail.
Does condemnation of a servient estate automatically extinguish a servitude?+
Condemnation of an estate burdened by a servitude terminates the servitude only to the extent the taking permits a use inconsistent with continuance of the servitude.
410 U.S. 113 (1973)Constitutional Law
…views of morality entertained by a large class of females—aye, and men also, on this important question." Except for periodic condemnation of the criminal abortionist, no further formal AMA action took place until 1967. In that year, the Committee on Human Reproduction urged the adoption of a stated policy of opposition to…