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Public Opinion and Constitutional Controversy$
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Nathaniel Persily, Jack Citrin, and Patrick J. Egan

Print publication date: 2008

Print ISBN-13: 9780195329414

Published to Oxford Scholarship Online: October 2011

DOI: 10.1093/acprof:oso/9780195329414.001.0001

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Government Takings of Private Property

Government Takings of Private Property

(p.286) 12 Government Takings of Private Property
Public Opinion and Constitutional Controversy

Janice Nadler

Shari Seidman Diamond

Matthew M. Patton

Oxford University Press

This chapter discusses the conflict between the public's expectations about the circumstances under which government should be permitted to exercise its power of eminent domain to effect an outright taking of private property, on the one hand, and the U.S. Supreme Court's Fifth Amendment “public use” jurisprudence, on the other. It focuses largely on outright takings in which the government forces the sale of private property—a situation that usually arises when the government feels it necessary to assemble parcels that have a particular configuration. To prevent private property owners from refusing to sell or from holding out for an unreasonably high price, the government can exercise its power of eminent domain to force the sale of the land and go forward with the project.

Keywords:   private property, expectations, Fifth Amendment, takings decisions, eminent domain

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