eminent domain

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Related to Condemnation Proceedings: Right of eminent domain, Imminent Domain

eminent domain,

the right of a government to force the owner of private property sell it if it is needed for a public use. The right is based on the doctrine that a sovereign state has dominion over all lands and buildings within its borders, which has its origins in the landholding system under feudalismfeudalism
, form of political and social organization typical of Western Europe from the dissolution of Charlemagne's empire to the rise of the absolute monarchies. The term feudalism is derived from the Latin feodum,
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. Eminent domain is implicitly enshrined in the U.S. Constitution, which in the Fifth Amendment requires that private property not be taken for public use without just compensation. The process of acquiring private property by eminent domain is known as condemnation.

Eminent domain traditionally has been used by governments to condemn land for building roads, schools, goverment buildings, and the like. The right of eminent domain may also be assigned to public and private corporations engaged in activities regarded as benefiting the public, such as the development of port facilities, the building of a canal or railroad, or the redevelopment of a blighted area. In 2005 the U.S. Supreme Court, in Kelo v. the City of New London, ruled that the Connecticut city had the right to condemn unblighted private property and transfer it to another private owner for development even if the only public benefit might be increased employment and tax revenues. Public outcry over the decision subsequently led most states to adopt legislation or constitutional amendments that limited, in varying degrees, the ability of state and local governments to use eminent domain to condemn private property for use by a private corporation. At the same time, some government officials and private developers raised concerns over how the laws and amendments would affect their ability to undertake large-scale development projects.

See also public ownershippublic ownership,
government ownership of lands, streets, public buildings, utilities, and other business enterprises. The theory that all land and its resources belong ultimately to the people and therefore to the government is very ancient.
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.

eminent domain

The power of the state to appropriate private property, usually for public use and with the payment of compensation to the owner.
References in periodicals archive ?
Practitioners should be alert to opportunities for potential permutations of loss recognition and deferral of gain that may exist where the condemnation involves contiguous tracts that the property owner acquired at different times or where there are separate condemnation proceedings.
33) To accurately reflect market conditions, which is the cornerstone of valuation in condemnation proceedings, future risks and contingencies attendant to such rezoning cannot be ignored.
89) Realizing that some delays in acquisition are inevitable, the court imposed a stringent standard that required the landowner to show "aggravated delay or untoward activity in instituting or continuing the condemnation proceedings at issue.
2002) (stating that condemnation proceedings fall under RLUIPA's definition of "land use regulation").
13) In reviewing that decision, the Missouri Court of Appeals, Western District, interpreted the meaning of the two statutes (Good Faith Negotiation and USPAP-Compliance) as applied to this situation and held that "an appraiser in a condemnation proceeding must adhere to generally accepted appraisal practices--such an appraiser is not required to adhere to USPAP.
Michael McCall of the Virginia Department of Transportation spoke from the government perspective, talking of the VDOT's desire to end condemnation proceedings quickly and without conflict.
14, Telluride voters were asked a third time to determine whether the town should accept a mediated settlement with Neal Blue's company or whether it should continue with condemnation proceedings.
Cusack alleges that the city, via the Urban Renewal Authority, started condemnation proceedings to acquire the property in 2013.
In response to the condemnation proceedings, Middletown Development claimed that DelDOT violated its duty to negotiate in good faith by being unwilling to compromise and not agreeing to pay adequate compensation.
Among her major projects were the 42nd Street Development Project condemnation proceedings, which involved more than 50 individual properties; the Penn Yards (Riverside South) land parcel; and a proposed theater transferable development fights program presented before the City Planning Commission.
A property rights coalition tracking the condemnation proceedings has uncovered at least 89 land condemnation lawsuits involving TransCanada in 17 counties from the Red River to the Gulf Coast - cases that could test the limits of a private company's power to condemn property.