eCommons

 

This Land is Your Land, This Land is My Land: A Case Study on Eminent Domain and Under Compensation

Other Titles

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.

Journal / Series

Volume & Issue

Vol.13

Description

Sponsorship

Date Issued

2015-06-01

Publisher

Keywords

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

Location

Effective Date

Expiration Date

Sector

Employer

Union

Union Local

NAICS

Number of Workers

Committee Chair

Committee Co-Chair

Committee Member

Degree Discipline

Degree Name

Degree Level

Related Version

Related DOI

Related To

Related Part

Based on Related Item

Has Other Format(s)

Part of Related Item

Related To

Related Publication(s)

Link(s) to Related Publication(s)

References

Link(s) to Reference(s)

Previously Published As

Government Document

ISBN

ISMN

ISSN

Other Identifiers

Rights

Required Publisher Statement: © Cornell University. Reprinted with permission. All rights reserved.

Rights URI

Types

article

Accessibility Feature

Accessibility Hazard

Accessibility Summary

Link(s) to Catalog Record