Eminent Domain questions
Posted: Sun Dec 11, 2011 5:10 pm
Hi guys, I have a few random/hypothetical questions about eminent domain. I appreciate your insight!
1. For temporary physical takings, is just compensation the rental value for the period it is occupied?
2. If there is any way to classify the occupation as temporary instead of permanent, would it generally be categorized as such (i.e. it is not a permanent physical taking unless it is clearly, unequivocally permanent)?
3. Could the government get out of paying just compensation for a physical occupation by claiming their actions abate a nuisance (i.e. government physically takes land contaminated by nuclear waste from private owners--would they have to pay for this at all?)
4. If the government decided to physically occupy a privately owned public space (to be topical, Zuccotti park), would this at all qualify as a temporary taking? Especially because they essentially have the right to be there?
Thanks!
1. For temporary physical takings, is just compensation the rental value for the period it is occupied?
2. If there is any way to classify the occupation as temporary instead of permanent, would it generally be categorized as such (i.e. it is not a permanent physical taking unless it is clearly, unequivocally permanent)?
3. Could the government get out of paying just compensation for a physical occupation by claiming their actions abate a nuisance (i.e. government physically takes land contaminated by nuclear waste from private owners--would they have to pay for this at all?)
4. If the government decided to physically occupy a privately owned public space (to be topical, Zuccotti park), would this at all qualify as a temporary taking? Especially because they essentially have the right to be there?
Thanks!