This Land is Your Land, This Land is My Land: A Case Study on Eminent Domain and Under Compensation
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Author
Lookman, Annamaria
Abstract
The Fifth Amendment of the United States Constitution states “private property [shall not] be taken for public use, without just compensation.” Land is deemed viable for eminent domain when it will be used by the public or if the public will have the opportunity to use the property taken. Such uses can include public access for a post office, airport or highway1. Since its inception there is often debate about the interpretation of just compensation. Both federal and state constitutions have a public use clause, however not all states have a just compensation clause.
Volume & Issue
Vol.13
Date Issued
2015-06-01
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Rights
Required Publisher Statement: © Cornell University. Reprinted with permission. All rights reserved.
Type
article