Eminent Domain

Eminent Domain

The due process clause of the Fourteenth Amendment has been held to require that when a state or local governmental body, or a private body exercising delegated power, takes private property it must provide just compensation and take only for a public purpose. Applicable principles are discussed under the Fifth Amendment.528

528 See analysis under "National Eminent Domain Power," Fifth Amendment, supra.

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Last modified: October 19, 2012