1. EMINENT DOMAIN

2. Eminent Domain is the government’s power to take private property “Condemnation” is the procedure through which the power of eminent domain is exercised

3. EMINENT DOMAIN Power existed prior to the Constitution –An inherent aspect of sovereignty 5 th Amendment limitations –“nor shall private property be taken for public use without just compensation.”

4. EMINENT DOMAIN U.S. Constitution State Constitutions State Statutes – tell us… –Who? –For what? –How? Case law

5. EMINENT DOMAIN Transformation of urban decay a.k.a. “blight” 5 th Amendment – “public use” “Public purpose”

6. EMINENT DOMAIN Can take for public use Can take to eliminate blight Can take to eliminate land oligopoly

7. EMINENT DOMAIN Can you take a nice residential neighborhood and give it to a big drug company? Can you condemn solely for economic development? –Economic revitalization –Employment –Property values –Tax revenues

8. EMINENT DOMAIN Suzette Kelo and her “little pink house”

9. EMINENT DOMAIN Other issues –Inverse condemnation –Regulatory taking –Valuation –Taxation i.e., recognition of gain or loss IRC§1033 Involuntary conversion