Eminent Domain and Compensation

Paper Summary:

This paper explains that, over the past decade, instead of buying land outright under the power of eminent domain as guaranteed under the Bill of Rights, the various levels of U.S. governments attempt to circumvent the requirement of paying compensation by requiring simply that property owners use their land in whatever manner the government wishes. The author points out that the Supreme Court has started to hold that regulation, just as with outright confiscation, may be subject to the constitutional requirement of just compensation. The paper reviews ways federal and state governments are beginning to correct this situation such as the Private Property Rights Act, introduced in the Senate by Idaho Republican Steve Symms.

From the Paper:

"Chapter 337 of the Florida Statutes gives governmental entities the authority to exercise the power of eminent domain. Chapters 73 and 74 set forth the procedures which apply to eminent domain actions. For years, public agencies in Florida have conducted professional engineering studies, surveys and public hearings, with regard to any condemnation proceedings. Today this is changing, as they are now gathering information about specific properties, by appointing appraisers that work for the public agencies. It is being predicted by legal practitioners in Florida that at some given point in time, the public agencies are going to start giving owners a "120 day notice" of their intent to commence condemnation proceedings. Subsequent to this 120 day time frame, the owner will receive an "offer," and be left with two choices; accept the initial offer or negotiate for a better one.

More papers on Eminent Domain and Compensation:

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