Eminent domain is becoming a hot issue in America over the years. When an eminent domain case makes the news, some fear their land may very well be next. While entirely legal as stated in the Constitution, it's also stated that land taken needs to be put towards public use. This would include schools and museums; however it appears that the line has become blurred. There are several notable eminent domain cases that have crafted the law as we all know it today.
Among the list of more notable eminent domain cases took place in New York. The Penn Central Transportation Company was experiencing a decline in income from its Grand Central Terminal caused by low railroad traffic in 1978. The company desiredto use the above air space toconstruct additional revenue income sources. Due to the building being on the U.S. National Register of Historic Places, the owners were required to present their plans to the Landmarks Preservation Commission. After reviewing the plans, the Commission ruled the changes couldn't happen as they would change the landmark too much. Penn Central sued, claiming that the government has used eminent domain to "take" their private property rights. The Supreme Court ruled against Penn Central, in short because the current use of the property was not harmed by government action. They were awarded no compensation and Penn Central was able to use the building the way it always had. Today it remains a viable economic boon.
Probably the most well-known modern case occurred in 2005. Eminent domain was being used to take private homes in good condition not for public or government use, but for economic development. The resulting case, Kelo v City of New London was ruled in favor of the city and the homes were forfeited. The decision was made claiming "public use", as the land would be developed for retail and benefit everyone within the city. The developer was unable to obtain financing and the land remains an empty lot with nothing having been built.
In 1986, David Lucas purchased two lots on the isle of Palms in South Carolina, with the intent toconstruct residential homes on the land. However in 1988, state legislature enacted a law to guard the barrier islands, which barred Lucas from building on the land. He sued, claiming the government took his ability to gain from the land and left it useless. He was granted a large settlement. The state appealed and the Supreme Court ruled in favor of Lucas, as he had lost all economically beneficial uses of the land, and suffered a "taking". This ruling created what is now called the "Takings Clause".
There are numerous more eminent domain cases from all across the country. If you feel that eminent domain is affecting you, consider contacting an eminent domain lawyer. They are going to be well-versed in the laws and your rights. Ensure you exercise all your rights and get the most from them.
