Abstract:
This study examines how the courts have addressed eminent domain in public K-12 schools. The analysis of 77 cases was conducted on the topic of eminent domain as it relates to public schools. The cases analyzed occurred in state and federal court jurisdictions, ranging from 1982-2013. There were no cases from the U.S. Supreme Court. Cases were examined over time and from five primary categories: constitutional taking, just compensation, necessity of a taking, power to take, and procedural matters. Issues emerged from each category allowing the researcher to identify trends and patterns within the cases. Given that the federal government has delegated the authority of eminent domain to the state governments, each state has developed individual procedures that do not necessarily apply to all other states. Hopefully, through the guiding principles that were revealed from the analysis of the cases, which are provided to help district level administrators and school boards avoid potential litigation and lengthy court proceedings, general guidance has been established for school district use.
