Eminent domain (United States), 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. 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 real property, generally a building, has become so dilapidated as to be legally unfit for human habitation due to its physical defects. This type of condemnation of buildings (on grounds of health and safety hazards or gross zoning violation) 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, franchises; this includes intangible property such as contract rights, patents, trade secrets, and copyrights.

From Wikipedia under the GNU Free Documentation License
Sun Aug 9 02:52:56 2009

Can a city use eminent domain in this context?
Q. The city of Hercules, CA decided to impose eminent domain to keep Walmart from setting up shop in their city. I can appreciate the aspect of keeping big business like Walmart out (low wages, no heath care, etc.), however is this the right context? Doesn't this go against everything that eminent domain stands for? What is so eminent?! From what i read, the town will just keep the land undeveloped. I'd love to hear some expert opinions. This seems to go against the spirit of the creation of this special power afforded government entities. In this context, it is being used 'block' private business. It seems like abuse. What are the precedence implications for something like this?
Asked by subtlesoul21 - Wed May 24 02:20:23 2006 - - 2 Answers - 0 Comments

A. A governmental entity with the powers of eminent domain can do anything it deems to be for public use, which the US Supreme Court has recently re-defined as also including the public INTEREST. (See Kelo v. New London case). So long as there are no additional state constitutional or state or city statutory limitations on the city of Hercules (you'd have to check state and local laws to be sure there are not), then the answer is yes, they can do it. Which doesn't make it right, it just makes it legal.
Answered by joustingwindmills - Wed May 24 02:31:06 2006

What are the cons to eminent domain?
Q. Basically why is eminent domain bad, is it fair, and arguments against people who support eminent domain. Thank you.
Asked by dave - Mon Feb 18 12:14:44 2008 - - 5 Answers - 1 Comments

A. Under current Supreme Court doctrine, the biggest con is that the government can take your property so that another private citizen can develop it. Previously, it was only used when the use was for a public or government-supported project. Now, if it is determined that the benefit of the private project would accrue to the community, it can justify a taking. I am very opposed to this sort of activity. If private people or companies want to acquire your property, they should have to negotiate with you, and nothing should force you to sell if you don't want to. The other con that has existed since the doctrine was first developed is determining what a fair payment is when your property is taken.
Answered by unknown - Mon Feb 18 12:24:35 2008

Tell me about the eminent domain law in new jersey? or in general?
Q. what is eminent domain?
Asked by divinemadness - Mon Jul 2 02:25:50 2007 - - 1 Answers - 0 Comments

A. hope this helps it is a lengthy explanation but thorough
Answered by s b - Mon Jul 2 02:33:17 2007

From Yahoo Answer Search: "Eminent domain"
Thu Jul 30 03:38:23 2009

Johnson Granted Eminent Domain Order For Easement - The Morning News
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Johnson Granted Eminent Domain Order For Easement

The Morning News

Washington County Circuit Court Judge Mike Mashburn signed an eminent domain order Thursday for the city of Johnson for water and sewer ...
The Goldsmiths Part XCIII - Gold Seek
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The Goldsmiths Part XCIII

Gold Seek

Specifically, the story said that the US agreed to grant China collateral on the paper by granting China eminent domain in the US to collect on the debt if ...
TVA seeks aid for smart grid - Chattanooga Times Free Press
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TVA seeks aid for smart grid

Chattanooga Times Free Press

... it has wanted to have it both ways; to have the flexibility of a private corporation with the power ( eminent domain ) of the federal government. ...



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From Google News Search: "Eminent domain"
Fri Aug 7 12:02:45 2009

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Nearly 40 states have enacted some version of eminent domain reform since the 2005 Supreme Court ruling in Kelo v City of New London which affirmed the constitutionality of government

From Yahoo Image Search: "Eminent domain"
Thu Jul 30 03:38:33 2009

Yonkers Tribune : Atlantic Yards Eminent Domain Case Going to New ...
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Yonkers Tribune : Atlantic Yards Eminent Domain Case Going to New ...

Hezi Aris

ue, 30 Jun 2009 20:24:40 GM

Brooklyn, NY The New York State Court of Appeals, the highest court in the state, has announced that it will hear the Atlantic Yards . eminent domain. case - Goldstein et al. v. NY State Urban Development Corporation - in October.

Real Property - Eminent Domain
minnlawyer.com
Real Property - Eminent Domain

unknown

Wed, 22 Jul 2009 23:53:03 GM

Minn. Stat. sec. 465.01 (2008) gives a municipality the authority to take a fee-simple interest, rather than an easement, in property to facilitate the construction and maintenance of sewer and wastewater disposal lines.

Oroho: Eminent Domain Agreement Good Start | New Jersey Senator ...
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Oroho: Eminent Domain Agreement Good Start | New Jersey Senator ...

Bill Murray

Wed, 17 Jun 2009 19:27:16 GM

Oroho: . Eminent Domain. Agreement Good Start | New Jersey Senator Steven Oroho | NJ District 24.

From Google Blog Search: "Eminent domain"
Wed Jul 29 19:34:26 2009