Government Takings of Private Property

Janice Nadler*, Shari Diamond, Matthew M. Patton

*Corresponding author for this work

    Research output: Chapter in Book/Report/Conference proceedingChapter

    1 Scopus citations

    Abstract

    This chapter discusses the conflict between the public's expectations about the circumstances under which government should be permitted to exercise its power of eminent domain to effect an outright taking of private property, on the one hand, and the U.S. Supreme Court's Fifth Amendment "public use" jurisprudence, on the other. It focuses largely on outright takings in which the government forces the sale of private property-a situation that usually arises when the government feels it necessary to assemble parcels that have a particular configuration. To prevent private property owners from refusing to sell or from holding out for an unreasonably high price, the government can exercise its power of eminent domain to force the sale of the land and go forward with the project.

    Original languageEnglish (US)
    Title of host publicationPublic Opinion and Constitutional Controversy
    PublisherOxford University Press
    ISBN (Electronic)9780199851720
    ISBN (Print)9780195329414
    DOIs
    StatePublished - Oct 3 2011

    Keywords

    • Eminent domain
    • Expectations
    • Fifth amendment
    • Private property
    • Takings decisions

    ASJC Scopus subject areas

    • Social Sciences(all)

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