 |
MODULE-4 Land Use Planning
- Introduction
- Land Use Plans
- Conventional Regulatory Techniques
- Non-Regulatory Techniques
- Regional Coordination
Non-Regulatory Techniques
- Introduction
- Land Acquisition
- Eminent Domain
- Land Donation
- Conservation Easement
- Public Education
- Water Quality Monitoring
- Hazardous Waste Collection
- Contingency Planning
- Incentives Programs
Eminent Domain
A more traditional, but sometimes controversial, form of land acquisition is through eminent domain. If a community can demonstrate the value of a given parcel for the public good, it can take ownership of that parcel. However, due compensation must be given to the previous owner, in accordance with the Fifth Amendment to the US Constitution which states, "...nor shall private property be taken for public use without just compensation." Public approval is required for eminent domain action, since public money is spent to compensate the previous owner.
Eminent domain takings should not be confused with a "takings" claim where a land owner challenges a town that a zoning ordinance or other regulation prohibits him from all uses of his land, i.e., his land has effectively been taken without compensation.