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Real Property – Eminent Domain

Real Property – Eminent Domain. Eminent Domain is the government’s power to take private property “Condemnation” is the procedure through which the power of eminent domain is exercised. Real Property – Eminent Domain. Power existed prior to the Constitution An inherent aspect of sovereignty

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Real Property – Eminent Domain

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  1. Real Property – Eminent Domain • Eminent Domain is the government’s power to take private property • “Condemnation” is the procedure through which the power of eminent domain is exercised

  2. Real Property – Eminent Domain • Power existed prior to the Constitution • An inherent aspect of sovereignty • 5th Amendment limitations • “nor shall private property be taken for public use without just compensation.”

  3. Real Property – Eminent Domain • U.S. Constitution • State Constitutions • State Statutes – tell us… • Who? • For what? • How? • Case law

  4. Real Property – Eminent Domain • Transformation of urban decay a.k.a. “blight” • 5th Amendment – “public use” • “Public purpose”

  5. Real Property – Eminent Domain • Can take for public use • Can take to eliminate blight • Can take to eliminate land oligopoly

  6. Real Property – 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

  7. Real Property – Eminent Domain • Suzette Kelo and her “little pink house”

  8. Real Property – Eminent Domain • Other issues • Inverse condemnation • Regulatory taking • Valuation • Taxation i.e., recognition of gain or loss • IRC§1033 Involuntary conversion

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