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 ?
In contrast to a de facto taking, condemnation blight more accurately refers to a tool used in eminent domain cases for seeking the property's proper valuation, possibly traceable to a time before the actual condemnation action was instituted.
period of 1998 to 2002, as many as two thousand condemnation actions per
In fact, the first court to take a position on the question indicated that RLUIPA does apply to condemnation actions, even in its present form.
In the event that an appraisal fails to conform to "generally accepted appraisal practices," a city would be saddled with the costs that the condemnee incurred in defending the condemnation action to that point.
The Ninth Circuit relied on precedent from other circuits that compliance with NEPA was not a defense to a condemnation action.
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.
Defendants appealed the entry of an order denying their motion for a judgment notwithstanding the verdict and in the alternative a new trial and the entry of a jury verdict and judgment of $20,000 in compensation for defendants in this condemnation action.
The developer sued for inverse condemnation and thereafter, the state filed a direct condemnation action.
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.
The first is a condemnation action brought by Williams to reroute its pipeline through an existing rail yard.
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.