Eminent Domain: The Constitutionality of Condemnation Quick-Take Statutes

By June 6, 2016 No Comments

Eminent domain proceedings are set against a constitutional framework that imposes certain limits on the procedures. The most important constitutional limitation is derived from the fifth amendment of the U.S. Constitution, made applicable to the state and its instrumentalities through the fourteenth amendment, which prohibits deprivations of property without due process of law. IN 1987, the U.S. Supreme Court held that under the due process clause of the fourteenth amendment, a state could exercise its power of eminent domain only for a public use, and the owner of property “taken” had to be compensated for his loss.

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