[1Old Pro]

Article V says:'nor shall private property be taken for public use, without just compensation.'

The question becomes, what is just compensation? I think when property is "taken" the compensation needs to have a significant premium to market value.

[tacticalogic]

The question becomes, what is just compensation? I think when property is "taken" the compensation needs to have a significant premium to market value.

In cases like Kelo, I think the question is also, "what is 'public use'".

Roads and public parks is one thing. Giving land to a private developer to build condos is not that thing.

[nathanbedford]

New Jersey says that the value should be determined as at the date of the declaration of taking which means that the enhanced value of the property because of the very fact of the condemnation proceeding in the neighborhood cannot be considered by the jury in determining fair value.

But I agree with you that that is an unfair proceeding because the very act of condemnation combining these properties makes them far more valuable to Donald Trump than the market value which is ascribed to the homeowner as at the date of the declaration of taking.