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The issue of regulatory takings arises from the interaction between exercise of the traditional police power and exercise of eminent domain. The police power is the inherent state government power, to do what is reasonably necessary to promote and protect public health, safety, welfare and morals.
May 22, 2023 · Eminent domain, BLACK’S LAW DICTIONARY (10th ed. 2014). The Supreme Court has interpreted the eminent domain authority of the federal government to include the authority to take property owned by state and local governments as well as privately owned property. See, e.g., PennEast Pipeline Co. v.
- Physical Takings. Perhaps the simplest to describe, and the most common, physical takings are the straightforward process of a government – or another entity with the power of eminent domain (ED) – creating a simple public-use case for all or part of a property.
- Regulatory Takings. For regulatory takings, on the other hand, there is an exercise of authority involved—in this scenario the government enforces ED power by regulating a property’s use, such as through zoning.
- Pro Tanto Takings. What industry-people call a pro tanto taking, or a “substantial interference” taking, relates to a fundamental property interest tied up in the ‘bundle of sticks’ of property rights a landowner once held, which are (in essence) being ‘taken’ away.
Jun 6, 2024 · This comprehensive guide explores the Takings Clause of the Fifth Amendment, focusing on eminent domain, just compensation, historical context, legal interpretations, and significant case law shaping property rights and government takings.
“What distinguishes eminent domain from the police power is that the former involves the taking of property because of its need for the public use while the latter involves the regulation of such property to prevent the use thereof in a manner that is detrimental to the public interest.” 2 Footnote 1 Nichols on Eminent Domain § 1.42 ...
This concept is critical in assessing the compensation owed to property owners when their land or property is taken or regulated by the government under the law of eminent domain or regulatory takings, ensuring that they receive just compensation based on the current market conditions.
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Jun 5, 2012 · It permits government at all levels, federal, state, and local, to expropriate (or condemn) land and other forms of property on two conditions – the expropriation must be for public use and the government must pay just compensation.
