The case of Kelo vs. City of New London recently gave the US Supreme Court the opportunity to deal with the main issues involved in the exercise of the power of eminent domain.
What were the main issues that the court dealt with in that case?
How did the court resolve the issue?© BrainMass Inc. brainmass.com October 17, 2018, 1:37 am ad1c9bdddf
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Eminent Domain and the Kelo v. City of New London Case
EMINENT DOMAIN: Note: For your convenience I have left the hyperlinks of the cases cited below.
The State (government) has the power to take private properties within the state for public use. This basically means that the government has the power of eminent domain exercised only through legislation or through legislative delegation usually to another governmental body.
However, in some states the government can delegate this power to certain private companies like utility companies and telephone companies for public use, i.e. facilitate transportation, supplying of water and utilities. See Noble v. Oklahoma City, 297 U.S. 481 (1936); Luxton v. North River Bridge Co., 153 U.S. 525 (1895). One of the earliest examples is Curtiss v. Georgetown & Alexandria Turnpike Co., 10 U.S. (6 Cr.) 233 (1810).
The owner of the private land being taken is entitled under the Fifth Amendment to a reasonable compensation which is usually the fair market value of the property.
"Condemnation" proceedings is the typical term used when the government takes land under ...
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Describe eminent domain in the case of Kelo vs City of New London.
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