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.
She also represents pipeline companies in energy condemnation proceedings.
1990) (maintaining that precondemnation activities can give rise to takings claims, but such claims require proof that there is "no economically viable use" for the land); Richmond Elks Hall, 561 F2d 1327 (finding a de facto taking where the condemnor withheld instituting condemnation proceedings for over 13 years, continued to advise the plaintiff landowner that his property would be acquired in due time, and then ultimately decided to forgo the acquisition after the majority of the adjacent properties had been acquired and the condemnation substantially interfered with the property and its value); Althaus, 7 Cl.
However, the partners may be focusing on the rewards of "cashing out" their investments, and may be distracted by lengthy litigation over valuation in condemnation proceedings.
She was formerly appointed as a Harris County Condemnation Commissioner and presided over various condemnation proceedings.
Contract notice: Contract by open procedure for technical assistance for the realization of the annexes of expropriation and technical assistance in condemnation proceedings motivated by the works of construction projects run by canal de isabel ii management sa 1-2015.
In 2009, the Unified Government of Wyandotte County/Kansas City, Kansas (Unified Government) initiated condemnation proceedings against property owned by James C.
Among her major projects was the 42nd Street Development Project condemnation proceedings which involved more than 50 individual properties.
Taylor has vast experience in appraising real estate in condemnation proceedings at the local, town, county, state and federal levels for both condemnors and condemnees.
HARRISBURG - The City Council instructed the city staff to begin condemnation proceedings for a small patch of land on which the city wrongly sank a well 12 years ago, unless the property owner agrees to sell Harrisburg the land for the price recently set by an appraiser.
8 acres of a 12 1/2-acre area acquired by county government through condemnation proceedings.