Eminent domain (United States ^ b. English is the de facto language of American government and the sole language spoken at home by 80% of Americans age five and older. Spanish is the second most commonly spoken language), compulsory purchase (United Kingdom, New Zealand New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses , and numerous smaller islands, most notably Stewart Island/Rakiura and the Chatham Islands. The indigenous Māori language name for New Zealand is Aotearoa, commonly translated as The Land of the Long White Cloud. The Realm of New Zealand also, Ireland Ireland (pronounced /ˈaɪərlənd/ , locally [ˈaɾlənd], Irish: Éire, pronounced [ˈeːɾʲə] ( listen)), described as the Republic of Ireland (Irish: Poblacht na hÉireann), is a country in north-western Europe. The modern sovereign state occupies about five-sixths of the island of Ireland, which was partitioned into two jurisdictions in 1921), resumption/compulsory acquisition (Australia For at least 40,000 years before European settlement in the late 18th century, Australia was inhabited by indigenous Australians, who belonged to one or more of the roughly 250 language groups. After sporadic visits by fishermen from the immediate north and discovery by Dutch explorers in 1606, Australia's eastern half was claimed by Britain in 177) or expropriation (South Africa Coordinates: 29°02′46″S 25°03′47″E / 29.046°S 25.063°E The Republic of South Africa is a country located at the southern tip of Africa, with a 2,798 kilometres coastline on the Atlantic and Indian Oceans. To the north lie Namibia, Botswana and Zimbabwe; to the east are Mozambique and Swaziland; while Lesotho is an independent and Canada The land occupied by Canada was inhabited for millennia by various groups of Aboriginal peoples. Beginning in the late 15th century, British and French expeditions explored, and later settled, along the Atlantic coast. France ceded nearly all of its colonies in North America in 1763 after the Seven Years' War. In 1867, with the union of three) is the inherent power of the state A state is a set of institutions that possess the authority to make the rules that govern the people in one or more societies, having internal and external sovereignty over a definite territory. In Max Weber's influential definition, it is that organization that has a "monopoly on the legitimate use of physical force within a given territory& to seize a citizen Citizenship status, under social contract theory, carries with it both rights and responsibilities. "Active citizenship" is the philosophy that citizens should work towards the betterment of their community through economic participation, public , volunteer work, and other such efforts to improve life for all citizens. In this vein,'s private property Property is any physical or intangible entity that is owned by a person or jointly by a group of persons. Depending on the nature of the property, an owner of property has the right to consume, sell, rent, mortgage, transfer, exchange or destroy their property, and/or to exclude others from doing these things. Important widely recognized types of, 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 A government is the organization, or agency through which a political unit exercises its authority, controls and administers public policy, and directs and controls the actions of its members or subjects 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 A public utility is an organization that maintains the infrastructure for a public service (often also providing a service using that infrastructure). Public utilities are subject to forms of public control and regulation ranging from local community-based groups to state-wide government monopolies. Common arguments in favor of regulation include, highways A highway is a public road, especially a major road connecting two or more destinations. Any interconnected set of highways can be variously referred to as a "highway system", a "highway network", or a "highway transportation system". Each country has its own national highway system. Major highways are often named and, and railroads Rail transport is the means of conveyance of passengers and goods by way of wheeled vehicles running on rail tracks. In contrast to road transport, where vehicles merely run on a prepared surface, rail vehicles are also directionally guided by the tracks they run on. Track usually consists of steel rails installed on sleepers/ties and ballast, on[citation needed], however it may also be taken for reasons of public safety, such as in the case of Centralia, Pennsylvania Centralia is a borough and ghost town in Columbia County, Pennsylvania, United States. Its population has dwindled from over 1,000 residents in 1981 to 12 in 2005 and 9 in 2007, as a result of a mine fire burning beneath the borough since 1962. Centralia is now the least-populous municipality in Pennsylvania, with four fewer residents than the. Some jurisdictions require that the government body offer to purchase the property before resorting to the use of eminent domain.
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 An easement is the right to use the real property of another without possessing it. Easements are helpful for providing pathways across two or more pieces of property or allowing an individual to fish in a privately owned pond. An easement is considered as a property right in itself at common law and is still treated as a type of property in most. 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 A military is an organization authorized to use force, usually including use of weapons, in defending its country by combating actual or perceived threats. As an adjective the term "military" is also used to refer to any property or aspect of a military. Militaries often function as societies within societies, by having their own in wartime or franchises In economics, a government-granted monopoly is a form of coercive monopoly by which a government grants exclusive privilege to a private individual or firm to be the sole provider of a good or service; potential competitors are excluded from the market by law, regulation, or other mechanisms of government enforcement. As a form of coercive. Governments can even condemn intangible property such as contract In law, a contract is a legally binding agreement between two or more parties which, if it contains the elements of a valid legal agreement, is enforceable by law or by binding arbitration. A legally enforceable contract is an exchange of promises with specific legal remedies for breach. These can include compensatory remedy, whereby the rights, patents A patent is a set of exclusive rights granted by a state (national government) to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention, trade secrets A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers. In some jurisdictions, such secrets are referred to as "confidential information" or ", and copyrights Copyright is a set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. Copyright does not protect ideas, only their expression or fixation. In most jurisdictions copyright arises upon fixation and does not need to be registered. Copyright owners have the exclusive. Even professional Professional sports, as opposed to amateur sports, are sports in which athletes receive payment for their performance. Professional athleticism has come to the fore through a combination of developments. Mass media and increased leisure have brought larger audiences, so that sports organizations or teams can command large incomes. As a result, sports teams Team sport includes any sport which involves people working together towards a shared objective. Some team sports are practiced between opposing teams, where the players interact directly and simultaneously between them to achieve an objective. The objective generally involves teammates facilitating the movement of a ball or similar item in may be seized by eminent domain.[1]
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History
Eminent domain (ED) is an inherent attribute of sovereignty, and the Fifth Amendment's Taking or Just Compensation clause only imposes limitations on its exercise; i.e., the taking must be for public use and just compensation must be paid. Some historians have suggested that these limitations on the taking power were inspired by the need to permit the army to secure mounts, fodder and provisions from local ranchers and the perceived need to assure them compensation for such takings. Similarly, soldiers forcibly sought housing in whatever homes were near their military assignments. To address the latter problem, the 3rd Amendment was enacted in 1791 as part of the US Constitution's Bill of Rights A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement by the government. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or unentrenched. An. It provided that the quartering of soldiers on private property could not take place in peacetime without the landowner's consent. It also required that, in wartime, established law had to be followed in housing troops on private property. Presumably, this would mandate "just compensation", a requirement for the exercise of eminent domain in general per the 5th Amendment to the Constitution [2] In addition, all US states have legislation specifying ED procedures within their respective territories.[3]
The most common reason ED is exercised in the US is for building new or larger roadways, airports or government buildings, although during the second half of the 20th century, takings for urban redevelopment have become common.
After his victory in 1066, William the Conqueror William the Conqueror (c. 1027 or 1028 – 9 September 1087), also known as William I of England, was the King of England from Christmas, 1066 until his death. He was also William II, Duke of Normandy, from 3 July 1035 until his death. Before his conquest of England, he was known as "William the Bastard" because of the illegitimacy of seized virtually all land in England. Although he maintained absolute power over the land, he granted fiefs to landholders who served as stewards, paying fees and providing military services. During the Hundred Years War The Hundred Years' War was a series of separate wars lasting from 1337 to 1453 between two royal houses for the French throne, which was vacant with the extinction of the senior Capetian line of French kings. The two primary contenders were the House of Valois and the House of Plantagenet, also known as the House of Anjou. The House of Valois in the 14th century, Edward III Edward III was one of the most successful English monarchs of the Middle Ages. Restoring royal authority after the disastrous reign of his father, Edward II, Edward III went on to transform the Kingdom of England into the most efficient military power in Europe. His reign saw vital developments in legislature and government—in particular the used the Crown's right of purveyance Purveyance is the right of the Crown to requisition goods and services for royal use, and was developed in England over the course of the late eleventh through the fourteenth centuries. In theory, the king's prerogative allowed him to collect goods needed for both household and military use, although the latter was discontinued in 1362. The for massive expropriations. Chapter 28 of the Magna Carta Magna Carta is an English charter, originally issued in the year 1215, and reissued later in the 13th century in modified versions which omit certain temporary provisions, including the most direct challenges to the monarch's authority. The charter first passed into law in 1225. The 1297 version, described as The Great Charter of the Liberties of required that immediate cash payment be made for expropriations. As the king's power was broken down in the ensuing centuries, tenants were regarded as holding ownership rights rather than merely possessory rights over their land. In 1427, a statute was passed granting commissioners of sewers in Lincolnshire The ceremonial county of Lincolnshire is composed of the non-metropolitan county of Lincolnshire and the area covered by the unitary authorities of North Lincolnshire and North-East Lincolnshire. The county is the second largest of the English counties and one that is predominantly agricultural in land use the power to take land without compensation. After the early 16th century, however, Parliamentary takings of land for roads, bridges, etc. generally did require compensation. The common practice was to pay 10 per cent more than the assessed value. However, as the voting franchise was expanded to include more non-landowners, the bonus was eliminated.
The practice of condemnation was transplanted into the American colonies. In the early years, unimproved land could be taken without compensation; this practice was accepted because land was so abundant that it could be cheaply replaced. When it came time to draft the United States Constitution The Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America and the federal government of the United States. It provides the framework for the organization of the United States government and for the, differing views on eminent domain were voiced. Thomas Jefferson Thomas Jefferson was the third President of the United States (1801–1809) and the principal author of the Declaration of Independence (1776). Jefferson was one of the most influential Founding Fathers, known for his promotion of the ideals of republicanism in the United States. Jefferson envisioned America as the force behind a great " favored eliminating all remnants of feudalism Feudalism is a political and military system between a feudal aristocracy , and his vassals. In its most classic sense, feudalism refers to the Medieval European political system composed of a set of reciprocal legal and military obligations among the warrior nobility, revolving around the three key concepts of lords, vassals, and fiefs. Although, and pushed for allodial ownership Allodial title is a concept in some systems of property law. It describes a situation where real property is owned free and clear of any encumbrances, including liens, mortgages and tax obligations. Allodial title is inalienable, in that it cannot be taken by any operation of law for any reason whatsoever.[4] James Madison James Madison was an American politician and political philosopher who served as the fourth President of the United States (1809–1817) and is considered one of the Founding Fathers of the United States, who wrote the Fifth Amendment to the United States Constitution The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215. For instance, grand juries and the phrase "due process" both trace their origin to the, had a more moderate view, and struck a compromise that sought to at least protect property rights somewhat by explicitly mandating compensation and using the term "public use" rather than "public purpose," "public interest," or "public benefit."[5]
Terminology
At the time the United States was created, it and the several states continued to use the British common law Common law is law developed by judges through decisions of courts and similar tribunals , rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different, including the principle of eminent domain. The term "eminent domain" was taken from the legal treatise, De Jure Belli et Pacis De jure belli ac pacis is a 1625 book in Latin, written by Hugo Grotius and published in Paris, on the legal status of war. It is now regarded as a foundational work in international law, written by the Dutch The Netherlands (pronounced /ˈnɛðɚləndz/ ; Dutch: Nederland, pronounced [ˈneːdərlɑnt] ( listen)) is a constituent country of the Kingdom of the Netherlands, located in North-West Europe. It is a parliamentary democratic constitutional monarchy. The Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany jurist A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage. In most of Continental Europe any person who possesses a degree in law and works Hugo Grotius Hugo Grotius , also known as Huig de Groot or Hugo de Groot, worked as a jurist in the Dutch Republic. With Francisco de Vitoria and Alberico Gentili he laid the foundations for international law, based on natural law. He was also a philosopher, theologian, Christian apologist, playwright, and poet in 1625, who used the term dominium eminens (Latin Latin or sometimes Roman is an Italic language originally spoken in Latium and Ancient Rome. Although often considered a dead language, in view of the fact that it has no native speakers, a small number of scholars can fluently speak it and it continues to be taught in schools and universities and has been, and currently is, used in the process of for supreme lordship) and described the power as follows:
"... the property of subjects is under the eminent domain of the state, so that the state or he who acts for it may use and even alienate and destroy such property, not only in the case of extreme necessity, in which even private persons have a right over the property of others, but for ends of public utility, to which ends those who founded civil society must be supposed to have intended that private ends should give way. But it is to be added that when this is done the state is bound to make good the loss to those who lose their property."
Some U.S. states A U.S. state is any one of 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of commonwealth rather than state. State citizenship is, including New York New York City, the most populous city in the United States, is known for its status as a financial, cultural, transportation, and manufacturing center, and for its history as a gateway for immigration to the United States. According to the U.S. Department of Commerce, it is also a destination of choice for many foreign visitors. Both state and and Louisiana Some Louisiana urban environments have a multicultural, multilingual heritage, being so strongly influenced by an admixture of 18th century French, Spanish, Indian and African cultures that they are considered to be somewhat exceptional in the U.S. Before the American influx and statehood at the beginning of the 19th century, the territory of use the term appropriation as a synonym for the exercising of eminent domain powers.
The term compulsory purchase, also originating in the mid-19th century, is used primarily in England and Wales England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom. Unlike Scotland and Northern Ireland, England and Wales follow the legal system known as English law, and the two form the constitutional successor to the former Kingdom of England (see compulsory purchase order), and some other jurisdictions that follow the elements of English law English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countriesand the United States . It was exported to Commonwealth countries while the British Empire was established and maintained, and it forms the basis of the jurisprudence of most of those countries. English law prior to. Originally, the power of eminent domain was assumed to arise from natural law Natural law or the law of nature has been described as a law whose content is set by nature and that therefore has validity everywhere. As classically used, natural law refers to the use of reason to analyze human nature and deduce binding rules of moral behavior. The phrase natural law is opposed to the positive law (meaning "man-made law& as an inherent power of the sovereign Sovereignty is the quality of having supreme, independent authority over a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided. The concept has been discussed, debated and questioned throughout history, from the time of the Romans through to the present day,.
Allodial versus feudal title
Allodial title Allodial title is a concept in some systems of property law. It describes a situation where real property is owned free and clear of any encumbrances, including liens, mortgages, and tax obligations. Allodial title is inalienable, in that it cannot be taken by any operation of law for any reason whatsoever is the title to land generally held in fee simple by an individual or group that is sovereign on that land. Thus, in English law, only the monarch holds allodial title. All others are tenants of the sovereign through their feudal vassalages. Sovereigns generally gain allodial title either by grant of another sovereign to such title, or through right of conquest.
In the United States and other democratic republics, the people are the sovereign and delegate the power to exercise sovereign powers to their representatives in government. As in English law, what private parties own is not the land itself, but an interest in the property, and it is that interest for which they are entitled to compensation if the government exercises its eminent domain power.
North America
Canada
In Canada expropriation is governed by federal or provincial statutes. Under these statutory regimes, public authorities have the right to acquire private property for public purposes, so long as the acquisition is approved by the appropriate government body. Once property is taken, an owner is entitled to "be made whole" by compensation for: the market value of the expropriated property, injurious affection to the remainder of the property (if any), disturbance damages, business loss and special difficulty relocating. Owners can advance claims for compensation above that initially provided by the expropriating authority by bringing a claim before the court or an administrative body appointed by the governing legislation.
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In the Cold War, the biggest risk for investors in what are today called emerging markets, was expropriation by host country governments. ...
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ue, 15 Jun 2010 12:45:10 GM
by: Susan Reynolds.
Q. Ayn Rand, one of the world's greatest authors and philosophers, predicted the world's productive and wealthy would finally tire of socialist expropriation. And now, on the day we inaugurate our first socialist president, the market drops by the most it has ever dropped on an inaugural day. Is Atlas finally shrugging?
Asked by Proud Right-Winger! - Wed Jan 21 16:18:03 2009 - - 6 Answers - 0 Comments
A. That book was one long rant. "Atlas" or should we say John Galt, gives himself WAY too much credit and thinks WAY too much of his own worth. Normal people shrugged that attitude off long ago.
Answered by Capt Cold (Victor) - Wed Jan 21 16:22:58 2009
