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Casebook Read Credits
Constitutional Law
Section 3 . 5
1 hour

Eminent Domain

Dr. Justin Moeller

Eminent domain allows for the government to take or seize private property for public use. However, the 5th Amendment of the United States Constitution requires "just compensation" to the owner of the claimed property. 

While eminent domain was formally recognized by the Supreme Court in Kohl v. United States (1875) the issue remained relatively dormant until Kelo v. New London (2005). 

 

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