Most Americans don’t think about eminent domain often. Many don’t know just what it is until it affects them. It’s understandable to wonder just what gives the government the authority to take private land and property without the owner’s consent.
This concept goes all the way back to the U.S. Constitution. Specifically, it’s addressed in what’s known as the “Takings Clause” of the Fifth Amendment that says the government cannot take private property for public use without “just compensation.”
SCOTUS rulings have further defined eminent domain
A number of U.S. Supreme Court (SCOTUS) decisions over the years have helped codify and clarify under what circumstances the government can take people’s land and property for some kind of public use and what rights property owners have to fight back or demand more compensation than they were offered.
Some of these decisions have helped lessen the chances of abuse of government power when it’s exercising its eminent domain or “condemnation” authority. Still, legal battles continue in North Carolina and throughout the country.
Eminent domain and “blight”
A key SCOTUS decision in 1954 (Berman v. Parker) introduced the concept of “blight” into eminent domain. The court ruled that the government could take land not just for public use but for “public purpose.” That includes taking land in an area determined to be “blighted” (dilapidated and neglected) and sell it to a private party to redevelop it.
A 2005 decision (Kelo v. City of New London) expanded on that. It allowed property to be transferred from one private owner to another for redevelopment that would benefit the public.
A word about “regulatory takings”
A number of plaintiffs in eminent domain cases involving what are known as “regulatory takings” have argued that they basically prevent them from benefitting economically from their land. Regulatory takings often involve the government taking land that it contends is being used in a way (or for a purpose) that’s determined to be environmentally unfriendly.
It’s crucial to know that owners of private property in the U.S. have due process rights that entitle them to get fair market value for any property taken under eminent domain authority.
It’s never easy for property owners to bring a legal action to protect their rights when the government at any level has asserted its eminent domain rights. That’s one why having experienced legal guidance is crucial under such circumstances.