Rhode Island
How Cannon v. State of Wisconsin applies in Rhode Island: state-specific rules, key cases, and bar exam notes for Property.
Rhode Island recognizes the principle of eminent domain as articulated in Cannon v. State of Wisconsin, emphasizing the necessity for just compensation when private property is taken for public use. Further, Rhode Island requires that the taking be necessary and that the procedures followed are in adherence to statutory mandates.
In Rhode Island, the rule is that the state must provide just compensation to property owners when private property is taken for public use, in accordance with R.I. Gen. Laws § 37-6-1.
The court held that when property is taken under the power of eminent domain, the state must provide fair market value compensation and adhere strictly to statutory procedures.
The Supreme Court of Rhode Island ruled that property owners are entitled to compensation that reflects the full value of their property interests when property is appropriated for public use.
This case established that any taking must not only be for a public purpose but also can only be conducted by following due process as mandated by state law.
Rhode Island's approach to eminent domain aligns with the federal standard established under the Fifth Amendment. Both mandate just compensation, but Rhode Island has further articulated its requirements through specific statutory provisions that govern the eminent domain process within the state.
The principles from Cannon v. State of Wisconsin are relevant to Rhode Island's bar exam, especially in questions related to property law and the government's exercise of eminent domain.