PAD3330 Module 3

What is the legal status of local governments in the U.S.?

Local governments are creatures of the state with no independent authority.

What does Dillon’s Rule (1868) say about local government power?

Local governments only have powers expressly granted or clearly implied by the state.

What is Home Rule?

A system where states grant broader authority to local governments, but power still ultimately comes from the state.

How do local governments receive their powers?

Through charters, enabling acts, and state constitutions.

What limits local government powers?

Individual rights under the U.S. and state constitutions.

Who decides disputes over local government authority?

The courts.

What constitutional amendment requires just compensation when private property is taken?

The Fifth Amendment.

What constitutional amendment requires due process in property takings?

The Fourteenth Amendment.

What is the principle of eminent domain?

Government can take private property for public use with just compensation.

What are examples of public use under eminent domain?

Roads, schools, parks, and urban renewal projects.

Do zoning and regulatory controls usually require compensation? Why or why not?

No, because they fall under the state’s police power (health, safety, welfare).

What did Berman v. Parker (1954) establish?

Upheld eminent domain for urban renewal (public purpose includes redevelopment).

What did Kelo v. New London (2005) establish?

Upheld eminent domain for economic development, but sparked widespread backlash and state restrictions.

How have some states responded to Kelo v. New London?

By restricting private-to-private takings and broadening definitions of compensable regulatory takings.