Legal Rights

Legal Rights

It is recommended that we emphasize that nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power. Indeed, many States already impose “'public use'” requirements that are stricter than the federal baseline. Some of these requirements have been established as a matter of state constitutional law, while others are expressed in state eminent domain statutes that carefully limit the grounds upon which takings may be exercised(Fruehwald, 2010).

The term "common law" is simply a term used to determine the ownership of marital property (property acquired during marriage). The common law system provides ...