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From Wiktionary under the GNU Free Documentation License. Eminent domain (United States, Canada), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption/compulsory acquisition (Australia) or expropriation (South Africa and Canada's common law systems) is the inherent power of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent. The property is taken either for government use or by delegation to third parties who will devote it to public or civic use or, in some cases, economic development. The most common uses of property taken by eminent domain are for public utilities, highways, and railroads, however it may also be taken for reasons of public safety, such as in the case of Centralia, Pennsylvania. Some jurisdictions require that the government body offer to purchase the property before resorting to the use of eminent domain. The legal doctrine of eminent domain, like the doctrine of seizure of contraband, allows expropriation of property within the existing system of law. Otherwise, expropriation may imply either a criminal or a revolutionary act. The term "condemnation" is used to describe the formal act of the exercise of the power of eminent domain to transfer title to the property from its private owner to the government. This use of the word should not be confused with its sense of a declaration that property is uninhabitable due to defects. The latter usually does not deprive the owners of the title to the property condemned but requires them to rectify the offending situation or have the government do it for the owner at the latter's expense. Condemnation via eminent domain indicates the government is taking ownership of the property or a lesser interest in it, such as an easement. In most cases the only thing that remains to be decided when a condemnation action is filed is the amount of just compensation, although in some cases the right to take may be challenged by the property owner on the grounds that the attempted taking is not for a public use, or has not been authorized by the legislature, or because the condemnor has not followed the proper procedure required by law. The exercise of eminent domain is not limited to real property. Governments may also condemn personal property, such as supplies for the military in wartime or franchises. Governments can even condemn intangible property such as contract rights, patents, trade secrets, and copyrights. Even football teams may be seized by eminent domain. Eminent domain violates article 17 of the Universal Declaration of Human Rights, which states, among other property rights, that "no one shall be arbitrarily deprived of his property." The UDHR was created for the specific purpose of defining "fundamental freedoms" and "human rights" as used in the United Nations Charter, which is legally binding on all member states. As a result, the UDHR is also legally binding. (see Universal Declaration of Human Rights#Legal_effect) From Wikipedia under the
GNU Free Documentation License  lao.ca.gov unknown Mon, 04 Feb 2008 13:00:00 GM Eminent Domain. Protection Act February 4, 2008. Initiative html pdf the measure amends state statutes to limit government's authority to use . eminent domain. to take properties that it plans to transfer to others. ...  house.leg.state.mn.us unknown Mon, 15 Feb 2010 05:00:00 GM Eminent domain. bill approved as amended by House division. published 2/15/2010. Modifications to a law that gives public utilities the ability to take private property through a quick take process were approved as amended by a House ...  columbuslocalnews.com unknown Wed, 10 Feb 2010 15:51:30 GM Hilliard City Council is preparing for possible . eminent domain. action to ensure the timetable for the construction of the "triangle project" remains intact. "We can't jeopardize the $7.2 million grant we have from the Ohio Public Works ... From Google Blog Search: "eminent domain" See also:
 news.google.com Leagle.com The object of an eminent domain award is to compensate the owner for loss of that property. State, by State Highway Comm'r v. Gallant, 42 NJ 583, ... and more » news.google.com Glens Falls Post-Star ballston spa -- A committee of Saratoga County supervisors voted on Wednesday to proceed with an eminent domain case in which county officials are seeking ... news.google.com News-Leader.com That's what led Ron Calzone of Dixon to seek a constitutional amendment prohibiting governments from using eminent domain for private land development. ... and more » From Google News Search: "eminent domain"  riograndefoundation.org 480px x 640px | 93.90kB [source page] Eminent Domain Gubernatorial candidate John Dendahl discusses the need to reform New Mexico s eminent domain laws and why reform will be a central tenet of his campagn From Yahoo Image Search: "eminent domain" How do people feel about eminent domain abuse? Q. Chertoff is threatening eminent domain to Texans who won't let the fence be built on their property, what say u??? Asked by magpie - Sun Dec 9 16:39:07 2007 - - 6 Answers - 0 Comments A. Theft is wrong, regardless of whether it's an individual, a gang, or an even larger gang which happens to have guns and badges. Answered by Spacer C - Sun Dec 9 17:04:48 2007 Where is the law that allows corporation to take your house under eminent domain ? Q. Why is a corporation even have the right to take someone's house under eminent domain, isnt this just abuse of this doctrine ? If i was able to find it on google i wouldn't ask it here . Asked by Ranger - Mon Sep 4 19:30:26 2006 - - 5 Answers - 0 Comments A. Corporations cannot. Only a city, county or state can. The process is simple. The city council, or county board, or state legislature votes to take a property by eminent domain. The property is appraised and the owner paid the appraised value. Sometimes the owner is offered a little bit more, as incentive to move out quickly. Once the city/county/state has claimed the property, they can then vote to do anything they want with it, subject to their local/state laws. That includes selling it to corporations. The Supreme Court holding in Kelo v. New London last year only said that determinations of what constitutes "public use" are to be left up to the city/county/state legislature, and not determined by the courts. Answered by coragryph - Mon Sep 4 19:33:04 2006 Should private land be able to be taken for military use through eminent domain?
Q. There are a lot of conflicts about eminent domain being used for community development, but should people be put out of their homes for military use of their property? Asked by oohhbother - Fri Jul 4 11:53:45 2008 - - 9 Answers - 0 Comments A. With all the empty military bases sitting around the Country, there's no reason to take anyone else's land. Answered by Leo M - Fri Jul 4 12:00:21 2008 From Yahoo Answer Search: "eminent domain" |
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