Question

A city evicts tenants of an apartment complex by the power of eminent domain because of a planned highway expansion. Does the city have to pay compensation and does the city have to let the tenants finish their lease terms?

A. The city would have to allow the tenants to complete their lease term and must pay them compensation.
B. The city may never condemn an apartment building or other facility that is currently occupied.
C. The city does not have to allow the tenants to complete their lease term, but the city will have to compensate the tenants.
D. The city does not have to allow the tenants to finish their lease terms an because they are not the owner of the apartment building, the tenants have no right to compensation.

Answer 1

The city does not have to let tenants of an apartment complex finish their lease terms when exercising eminent domain for a highway expansion, but it must provide just compensation to the tenants for their property interest.

Step-by-step explanation:

When a city evicts tenants of an apartment complex for a planned highway expansion by the power of eminent domain, the city does not have to allow the tenants to complete their lease term. However, the city will have to compensate the tenants. This practice is guided by the Takings Clause of the Fifth Amendment, which requires that just compensation be paid if private property is taken for public use. The tenants, being leaseholders, have a property interest that is recognized for the purposes of eminent domain.

The Supreme Court has upheld the use of eminent domain for economic development purposes, considering that it may serve a 'public purpose' and benefit the community as outlined in Kelo v. City of New London. However, this has led to considerable debate and subsequent legal restrictions in many states designed to limit the use of eminent domain primarily to traditional public uses like transportation and infrastructure projects.