A property owner is challenging a government action against her land. All of the following scenarios describe a valid exercise of eminent domain EXCEPT.
Correct Answer
B) Taking land from one owner to give to a neighbor to enlarge that neighbor's yard
Eminent domain requires a public use and the payment of just compensation. Courts read public use broadly: a school, a highway interchange and a public park are classic examples, and in Kelo v. City of New London the Supreme Court upheld a taking of land assembled under a comprehensive economic development plan. What remains outside the power is a taking whose only purpose is to confer a private benefit on a particular private party, which is exactly what moving a lot to a neighbor so that the neighbor can have a larger yard would do.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
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