Eminent domain (United States)

Eminent domain (United States)
Name	Eminent domain (United States)
Caption	Judicial proceedings at a United States courthouse
Established	5th Amendment to the United States Constitution
Jurisdiction	United States

Eminent domain (United States) is the statutory and constitutional authority allowing public entities to acquire private property for public use with payment of just compensation. The doctrine arises from the Fifth Amendment to the United States Constitution and has been shaped by decisions of the Supreme Court of the United States, statutes like the Federal-Aid Highway Act of 1956, and state constitutions such as those of California and New York. Major controversies involve tensions among owners, municipal authorities like the City of New London, Connecticut, developers such as Kelo v. City of New London parties, and advocacy groups including the American Civil Liberties Union and the National Association of Realtors.

Legal basis

The legal basis is rooted in the Takings Clause of the Fifth Amendment to the United States Constitution and applies against federal action via the Supremacy Clause and against state action after Barron v. Baltimore was limited by the Fourteenth Amendment to the United States Constitution and cases such as Chicago, Burlington & Quincy Railroad Co. v. Chicago. The United States Constitution framework interacts with federal statutes like the Eminent Domain Act concepts and with state eminent domain laws exemplified by the California Constitution and the Texas Constitution. Jurisprudential developments arose from Supreme Court opinions including Kelo v. City of New London, Penn Central Transportation Co. v. New York City, and Berman v. Parker, which balance property interests represented by litigants including Hawaii Housing Authority and New York City agencies.

Scope and procedures

Scope and procedures vary among federal agencies such as the United States Department of Transportation and state entities like the New Jersey Department of Transportation, and are governed by statutes including the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and administrative rules from bodies such as the Federal Highway Administration. Typical procedures begin with appraisal practices influenced by standards from the Appraisal Institute and dispute resolution in tribunals like state trial courts, federal district courts, and administrative bodies such as United States Court of Federal Claims. Municipalities including the City of Detroit, transit authorities like the Metropolitan Transportation Authority (New York) and redevelopment agencies use condemnation actions under state codes exemplified by California Code of Civil Procedure § 1250.010 to obtain fee simple, easement, or temporary possession interests.

Compensation and valuation

Compensation standards derive from the constitutional requirement of just compensation as interpreted in cases such as United States v. Cinderella Career & Fin., United States v. Miller, and Olson v. United States jurisprudence, and are operationalized through appraisal methodologies endorsed by the Appraisal Foundation. Valuation techniques include fair market value concepts used by assessors in jurisdictions like Cook County, Illinois and comparable sales approaches applied in eminent domain litigation before courts such as the Supreme Court of the State of New York. Statutes such as the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and guidance from the Federal Highway Administration determine relocation benefits for displaced persons represented by organizations such as Habitat for Humanity and legal assistance from groups like Legal Aid Society.

Limitations and constitutional issues

Limitations include substantive and procedural protections arising under the Takings Clause as litigated in Kelo v. City of New London, the public use requirement shaped by Berman v. Parker, and due process constraints under the Fourteenth Amendment to the United States Constitution. Issues also intersect with civil rights enforcement by the Department of Justice and environmental review under the National Environmental Policy Act where projects involve agencies such as the Environmental Protection Agency. State constitutional reforms in states including Florida, Pennsylvania, and Ohio followed high-profile controversies involving local actors like the City of New London and prompted legislative measures influenced by groups such as the American Planning Association.

Major federal and state statutes

Major federal statutes include the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, the Federal-Aid Highway Act of 1956, and provisions in the Housing Act of 1949 that funded urban renewal programs adjudicated in Berman v. Parker. States enacted statutes and constitutional amendments in responses exemplified by reforms in Texas Property Code, California Government Code, and amendments passed by legislatures in New Jersey and Connecticut after Kelo v. City of New London; tribal land protections involve statutes affecting the Bureau of Indian Affairs.

Notable cases and controversies

Notable cases include Kelo v. City of New London, Berman v. Parker, Penn Central Transportation Co. v. New York City, Lucas v. South Carolina Coastal Council, and Nollan v. California Coastal Commission, each shaping public use, regulatory takings, and compensation doctrines. Controversies have involved projects by entities such as ExxonMobil and General Motors during urban renewal episodes, disputes in cities like Houston and New Orleans, and landmark litigation involving plaintiffs represented by the American Civil Liberties Union and private bar firms in matters that drew scrutiny from the United States Congress and state legislatures.

Category:Eminent domain