EMINENT DOMAIN: A KALEIDOSCOPIC VIEW

This article gives a sketch of eminent domain from Biblical times to now. It began as a taking of land by royalty. Taking property for public purposes existed in classical Rome and Greece. The rise of individual ownership brought the concept of just compensation to the fore. Today the constitution limits eminent domain and compensation because the concept of eminent domain has become so complex. How do you draw a line between public purpose and private purpose. Now the role of eminent domain in taking land for governmental enterprises has come under fire. A question of public uses in taking lands also involves distinction between public use and police power where the private person is denied use of his property as he sees fit. Distinctions between taking and regulation need to be made. Human elements as well as aesthetics must play a vital role in taking and in compensating. People are becoming increasingly dissatisfied with condemnation proceedings. A reexamination of the judicial structure must be undertaken to keep abreast of the growth of population and dynamism in the U.S. Eminent domain and its just compensation are a vital part of this.

  • Supplemental Notes:
    • Excerpted from an article Published in Real Estate Law Journal, Vol, Mo. 3, Winter, 1973.
  • Corporate Authors:

    American Institute of Real Estate Appraisers

    155 East Superior Street
    Chicago, IL  United States  60611
  • Authors:
    • Searles, S Z
  • Publication Date: 1974-10

Media Info

Subject/Index Terms

Filing Info

  • Accession Number: 00264660
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Dec 31 1974 12:00AM