This Land is Your Land, This Land is My Land: A Case Study on Eminent Domain and Under Compensation
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:
Cornell; real estate; Eminent Domain; under compensation; constitution; land valuation; development; landowners; public use; private use; North Carolina; Porttown; Cape Fear; Cape Fear River; just compensation; historic district; regional planning; zoning; restaurant; lease renewal; strip mall; occupancy; Effective Gross Income; EGI; land seizure; Metropolitan Planning Organization; MPO; traffic planning; Strategic Transportation Investment Law; North Carolina Department of Transportation; NCDOT; holdout; land assembly; highway; fair market value; grandfather clause; subjective premium; consumer surplus; subjective value; permitting; 3J tax credit; business grant; vehicle capacity ratio; comparable sales; parcel layout; traffic pattern; traffic volume; lease; renewal
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