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 ?
This tender concerns the conduct of urban management and social work mission (Soft) for the purpose of achieving the total liberation of the housing of the expropriated property while ensuring, through individualized care for households, their good adaptation and social integration in the new housing.
In short, no public project was carried out on the expropriated real estate.
Al-Ghalib attributed the delay to complicated bureaucratic procedures, the lack of a clear system for the management of endowments, as well as the failure to purchase substitutes for expropriated endowments to benefit the public.
In July 2012, the arbitral tribunal Jan Paulsson, Toby Landau and Judge Charles Brower concluded unanimously that Russia expropriated Yukos and compensation is due to Spanish minority investors.
Over 88,000 square meters of land belonging to Faraj Saleh and his family, who live in Sanahan district southeast of Sana'a, have been expropriated by the government.
This stage covers Shb Amer area and parts of Almasfala and Jarwal districts, where properties were expropriated and will be removed.
The receivers were acting on behalf of property owners whose lands were expropriated by the state but were not properly compensated for their loss.
Argentina expropriated 51% in YPF from Spanish oil and gas company Repsol (MCE:REP) in May 2012.
2- The Cabinet's draft decision on the reformation of two panels to evaluate the expropriated real estates for public benefit and defining their functions.
Israeli forces have for decades expropriated the land of Silwanian families in order to accommodate Jewish settlers and to expand the Jewish touristic and religious enterprise.
Summary: A 40-year-old Emirati man allegedly expropriated a car owned by his ex-wife by forging her signature on the application form for transferring the car ownership, a court heard on Tuesday.
Of course, our resources are already being expropriated daily and this is a huge insult to us Africans.