Reexamination of the Line Between Governmental Exercise of the Police Power and Eminent Domain

TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 44: Reexamination of the Line Between Governmental Exercise of the Police Power and Eminent Domain reexamines the issue of where to draw the line between the governmental exercise of police powers, for which the government does not have to compensate the affected property owners, and eminent domain.

Eminent domain involves restricting, denying, destroying, invading, or appropriating the use and value of private property, for which the property owner is entitled to compensation. The report should be useful to attorneys, legislators, land use specialists, planners, policy officials, transportation administrators, and right of way and zoning officials. The paper is organized as follows:
(I) Problem Statement;
(II) Scope of Report;
(III) Judicial Definition and Resolution of the Takings Issue;
(IV) Legislative Definition and Resolution of the Takings Issue;
(V) Resolution of Takings Issue Cases in Transportation Programs;
(VI) Conclusions;
Appendix A - State Regulatory Impact Assessment Legislation;
Appendix B - State Regulatory Assessment Guidelines; and
Appendix C - Selected Checklists and Guidelines for Regulatory Impact Assessment.