Class 12 - Eminent Domain

Midterm will be on Oct 20.

When we get to torts (Ch. 6), we'll be doing the second half of the chapter first. Start at pg 135 - Intentional Torts. Finish the chapter and then do the first half - negligence and duty of care.

It's easier to understand intentional torts first and then negligence and it's taught that way in law school.

Review of eminent domain - 5th amendment. This amendment includes several unrelated issues. The taking of private property for public use: usually for highways, schools, airports, etc. Generally, the government pays good money for it. There were some exceptions where the people protested: Midway expansion, cross-town expressway. Daley's legacy was moving UIC from Navy Pier to Circle Campus. The people who lived there and got moved, made lots of money.

Some cases don't require a physical taking to be considered a "taking" of the property and requiring compensation. An easement may require compensation. Ex: Martin Gerber's land in central Florida which was declared a state wildlife refuge. Trial, appelate and state supreme courts ruled that it wasn't a "taking", but the US Supreme Court said that it was and required compensation.

See Kelo pg 91.

8th amendment - prohibits cruel and unusual punishment. Are excessive fines c&u punishment? They can't fine you out of business. Most fines have a statutory minimum and maximum. Forfeiture - sometimes your illegal actions are punishable by forfeiture of your property. Ex: a car that was involved in committing a crime, a house in which drugs are dealt. Forfeiture is not a fine and can be very excessive.

5th amendment right to not self-incriminate only applies to people, not businesses. 5th amendment only applies in criminal cases, not civil. "nor shall be compelled in any criminal case to be a witness against himself." This is where the Miranda rights come from.

Punitive damages can sometimes be far above the actual damages. Gore v BMW - car had acid rain damage and had been repainted to cover it up. SCOTUS decided that this was not an 8th amendment issue - it was a 14th amendment issue of due process.

14th amendment requires fundamental fairness. Substantive due process - Michigan tried to require 2 year residency in order to collect welfare. Procedural due process - Driver's license can't be taken away without a hearing.