eminent domain

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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 ?
of takings law, goes too far and misses opportunities to extract
The diagrammatic approach pursued here illuminates three underappreciated features of takings law that can help fit judicial takings into the existing doctrinal framework.
principles of takings law apply in judicial takings cases, absent any
If, on the other hand, the Supreme Court has not radically changed Canadian takings law with its CPR v Vancouver ruling, then the difference between the facts in that case and those in earlier cases must lie in the directness of the benefit realized by the public authority.
This approach flouts the basic logic of the takings law, which holds that we should always look to the loss of the owner and not to the gain of the state or those with whom it deals.
The result of this citation to Euclid, Nectow, and Goldblatt, however, was the accidental incorporation of the substantive due process substantially advance standard into takings law.
Belief in a rigidly protective view of takings law depends on belief in the fiction of property's concreteness.
The Court's Lucas decision also made the so-called denominator issue absolutely critical to takings law.
Because of these uncertainties, property rights activists have sought to codify regulatory takings law by working through state legislatures and the U.
This session, Paseneaux succeeded, and Wyoming became the first state to enact a takings law in 1995.
He is also the author of numerous articles and commentary on regulatory takings law and regularly speaks on issues relating to the Takings Clause.
The traditional judicial approach therefore creates challenges for those arguing that water rights should be categorically excluded from, or categorically favored in, takings law.