Eminent Domain: Key Considerations for Local Municipalities

Summary

This practice note discusses key considerations for local government entities and authorities contemplating the taking of private property for municipal public use through eminent domain. The exercise of eminent domain requires an analysis of state and federal constitutional protections, state law limitations, and practical economic considerations. This practice note addresses topics including the right of municipalities to exercise the power of eminent domain, state-imposed limitations following the controversial Supreme Court decision in Kelo v. City of New London, 545 U.S. 469 (2005), and alternatives to eminent domain.