eminent domain

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Related to Condemnation action: Right of eminent 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 ?
redevelopment corporation's condemnation action based on a finding
It then reasoned that the city's condemnation action was based on a zoning system that "would unquestionably 'limit[ ] or restrict[ ]' Cottonwood's 'use or development of land.
021, is the pleading those having the right to exercise the power of eminent domain may file and which begins a condemnation action), counsel should keep in mind that condemnation actions typically involve many parties.
The Ninth Circuit relied on precedent from other circuits that compliance with NEPA was not a defense to a condemnation action.
As trial approached in the condemnation action, the parties exchanged expert appraisal reports.
3d DCA 1983), the Third DCA affirmed the trial court's denial of an inverse condemnation action predicated on alleged condemnation blight arising from a parcel's inclusion in a dedicated redevelopment area.
Broughton made two claims in regard to its inverse condemnation action against the Gorge Commission.
Under the new law, property owners can ask a court to determine if a condemnation action is being taken for a public project or a private one.
today announced the filing of legal proceedings by its subsidiary, Golden Road Motor Inn, Inc, dba Atlantis Casino Resort opposing a condemnation action filed by the City of Reno.
But for the preoccupation with joint ventures on the site, the LAUSD could have legally acquired the Ambassador property eight years ago when the condemnation action began,'' concluded a report from the state's Joint Legislative Audit Committee.
The case for private ownership of water systems was strengthened on Tuesday following the Lexington-Fayette Urban County Council's 9-6 vote to override Mayor Teresa Isaac's veto of a resolution calling for an end to the condemnation action.
Shortly after the court denied Barton's attempt to amend his pleadings in the eminent domain proceeding, Barton pursued an inverse condemnation action against the City concerning his remaining property.