JBvM
VIP Member
Where does prez The Donald stand on the Feds' Power of Eminent Domain
"Historically, sovereigns would exercise this power in whatever manner they saw fit. However, the Fifth Amendment to the United States Constitution places an important limitation on the power of eminent domain. The Fifth Amendment says, in part: “…nor shall private property be taken for public use, without just compensation.” This part of the Fifth Amendment is known as the “takings” clause. Although the Fifth Amendment technically only applies to the Federal Government, the Supreme Court has ruled that the takings clause applies fully to the states via incorporation to the states by the Fourteenth Amendment (this “incorporation” doctrine is a subject that is discussed in the Constitutional Law course). Therefore, all the states and federal government are bound by the rules discussed in the rest of this subchapter."
Eminent Domain and Just Compensation - LawShelf Educational Media
"Historically, sovereigns would exercise this power in whatever manner they saw fit. However, the Fifth Amendment to the United States Constitution places an important limitation on the power of eminent domain. The Fifth Amendment says, in part: “…nor shall private property be taken for public use, without just compensation.” This part of the Fifth Amendment is known as the “takings” clause. Although the Fifth Amendment technically only applies to the Federal Government, the Supreme Court has ruled that the takings clause applies fully to the states via incorporation to the states by the Fourteenth Amendment (this “incorporation” doctrine is a subject that is discussed in the Constitutional Law course). Therefore, all the states and federal government are bound by the rules discussed in the rest of this subchapter."
Eminent Domain and Just Compensation - LawShelf Educational Media