Q: Marsha, I’ve been following Santa Barbara city’s use of eminent domain in a property in the 2700 block of De la Vina. Is this legal? How can a governmental agency simply condemn and take private property?
A: As strange as it sounds, it is legal and is in fact part of the United States Constitution. Eminent domain is the legal right of a government to take private property for public use. This governmental power was established in the Constitution’s original Bill of Rights. It is known as the “takings clause” in the Fifth Amendment, which also states “…nor shall private property be taken for public use, without just compensation.” The takings clause states the government may use this power only when it benefits the public. It’s the just compensation language that creates the bulk of the disputes and lawsuits over eminent domain.
Eminent domain and our current definition of this clause have been honed by decades of legal actions. What is “public use,” and what defines “just compensation?” The writers of our Constitution left these concepts vague. This has allowed the clause to evolve and be defined by the times in which it is utilized.