PSC 2302 Lecture Notes - Lecture 12: Equal Protection Clause, Upton Sinclair, Roger B. Taney
15 Oct 2015
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Nor shall private property be taken for public use without just. The taking of private property for public use is known as eminent domain . State of hawaii power to break up large landholdings and provide for private ownership of smaller tracts. Although the state itself did not use the property, the taking fell within state powers. Midkiff (1984: temporary restrictions by government are generally not considered takings . Court held a temporary moratorium on residential single-family land development was not a taking requiring compensation because the property would recover its full market value when the restriction was ended. Sierra preservation council v. tahoe regional planning agency (2002) 5-4 supreme court majority expands meaning of public use by upholding a city plan to condemn private property for commercial purposes. Ruled than an economic development plan to revitalize city was a legitimate. The property eventually would be given to private properties for development.
