Also known as: rights of eminent domain · eminent domain
Written by attorneys · grounded in primary & secondary sources — see below
The constitutional power of the government to acquire private property for public use by paying just compensation. The power extends to full title or lesser interests such as easements. Condemnation of land burdened by a servitude modifies or terminates the servitude to the extent the new public use is inconsistent with its continuation.
Roberto Reyes owned a freight yard subject to an easement allowing Zenith Cargo to refuel and stage buses. The City of Norfolk condemned the yard to build an exclusive commuter rail facility whose safety rules and physical layout blocked all bus operations. Because the permitted public use was physically incompatible with the easement, the condemnation terminated the servitude entirely.
Alice owned land subject to a recorded access easement benefiting Baker's adjacent parcel. The state condemned the servient land to construct a limited-access highway whose grade and fencing made continued use of the easement impossible. The taking extinguished the easement to the extent the new public use was inconsistent with it.
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Charles held a life estate in a residence. The city condemned the property for a municipal park. Charles's interest was subject to the same eminent-domain liability as a fee simple absolute and was extinguished upon payment of compensation measured by the value of that interest.
Dana held an easement for light and air across neighboring land. The municipality condemned the servient parcel for a public school building whose height blocked the easement. The taking extinguished the easement to the extent the new use was inconsistent with continuation of the servitude.
Evan held a fee simple defeasible subject to a possibility of reverter. The county condemned the land for an electric substation. Evan's interest was subject to the same eminent-domain liability as a fee simple absolute and was taken upon payment of just compensation.
Fiona owned land subject to a covenant limiting building height. The state condemned the parcel for a public highway whose elevated roadway made performance of the covenant impossible. The obligation was extinguished to the extent the taking permitted a use inconsistent with the promise.
The government must demonstrate that the taking is for a public use or purpose and that it will pay just compensation. Economic redevelopment that increases jobs and tax revenue qualifies as a public use even when the land is transferred to a private party.
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Yes. Imposing a permanent public easement that bars development and opens land to year-round public use is a compensable taking under the Fifth Amendment. The owner is entitled to just compensation for the property interest appropriated.
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Condemnation terminates the easement to the extent the new public use is physically inconsistent with continuation of the servitude. The purpose of the taking need not be to extinguish the easement. Inconsistency with the permitted use after condemnation is sufficient.
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Yes. The Constitution permits the government to take private property for public use only if it pays just compensation, typically measured by fair market value. The requirement applies even when the taking serves economic redevelopment goals.
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…high school girl shocked the entire Sandy Springs community. Today the six boys had their day in court." App. 19-20. [^maj-6]: Eminent domain proceedings are of the type that may involve an interlocutory decision as to a federal question with another federal question to be decided later. "For in those cases the federal…