what are the three elements of eminent domain?

Answer 1

1. It must be private property.
2. The land must be taken for Public use.
3. The owner must be given just compensation for the property.

Answer 2

I think eminent domain is one of the scariest, most horrible things we could allow in our country.
I believe in property rights, and privacy rights, and life, liberty and the pursuit of happiness and believe eminent domain is completely against these.

It is now being used in a way that should be illegal.

Legally, there has to be a public necessity, like the need to land to build a road, etc. It has to be taken by the government, and compensation must be given.

I would argue that the compensation is almost never full market value, since the real estate being taken is probably a prime LOCATION, they should pay way more than what other properties in the area would bring.

Sorry it's a sore subject, some family members lost their estates to this atrocity.

Answer 3

It actually depends on what state you are in because each state has the right to modify eminent domain laws.

* A clearly defined term for “public use.”

*A prohibition of the condemnation of private property when any of the property to be taken will ultimately be owned, leased to, sold or developed under any other proprietary arrangement by a private party.

*In determining whether a taking is for a public use, consider the intended use of each parcel to be taken and not the project as a whole.

*Require that the payment of “just compensation” as directed by the Fifth Amendment, must cover the additional costs incurred by property owners affected by condemnation actions above and beyond the loss of the subject property.

Answer 4

There must be a taking -- a deprivation of property rights.

It must be by the govt -- federal, state, local.

And it must be for public (or govt) purpose -- this one gets arguable when the purpose is not for direct use by the public. See Kelo v. New London.

In the US, eminent domain under the Takings clause requires fair compensation. But that's a constitutional requirement, not part of the general doctrine (since eminent domain is not unique to US law).

Answer 5

1. Populated by poor slobs ie: Average American
2. Desirable location
3. Rich developer with great political ties

Answer 6

power of the state to seize a citizen's private property, expropriate private property, or rights in private property, without the owner's consent

Answer 7

1. Republican politicians
2. An easily bribed city or county board
3. WalMart

Answer 8

Greed, profit motive, and greed.