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Cornell Real Estate Review

Abstract

The Fifth Amendment of the United States Constitution states “private property [shall not] be taken for public use, without just compensation.” Land is deemed viable for eminent domain when it will be used by the public or if the public will have the opportunity to use the property taken. Such uses can include public access for a post office, airport or highway1. Since its inception there is often debate about the interpretation of just compensation. Both federal and state constitutions have a public use clause, however not all states have a just compensation clause.

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