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Eminent domain (United States), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption/compulsory acquisition (Australia) or expropriation (South Africa and Canada) 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 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. From Wikipedia under the
GNU Free Documentation License UNDER EMINENT DOMAIN when the state or government uses your land who pa yes the property taxes ??? Q. state has temp right of way of your land by eminent domain law. and the rent they pay you is not enough to even cover property taxes who payes the tax on going 6 years Asked by cri m - Sun Mar 2 12:36:04 2008 - - 4 Answers - 0 Comments A. If you have a partial taking by eminent domain the value of the property should be reduced to account for the government's taking. If you have a forced easement for which you're being compensated then you remain liable for the property taxes. Consult with a local real estate attorney for guidance specific to your situation. Answered by Bostonian In MO - Sun Mar 2 12:48:26 2008 Can i transfer my property taxes to my new home if the government is using eminent domain? Q. A friend told me if the govt takes your home you are allowed to keep your property taxes amount and transfer to new home if they are lower. Is this true? Asked by Mayra - Mon Nov 5 16:26:35 2007 - - 6 Answers - 1 Comments A. You should check with the taxing body for your property. In some locations, if you acquire a comparable replacement property, you may have the right to transfer the tax assessment to the new property. If your property is taken for eminent domain, you should consult with a legal expert in such matters for your location. Answered by ninasgramma - Mon Nov 5 17:17:28 2007 Does the government pay appraised value of a home when it seizes it using eminent domain?
Q. The border wall is coming up if not this year, early next year. The wall is going to be placed in front of my mother's home; therefore, she will be forced to leave. Does the government pay the full "appraised value" of the home, or does it just give what ever it deems "fair"? Where can I find this information? Websites would be greatly appreciated! Asked by mia - Fri Jul 11 13:52:11 2008 - - 2 Answers - 0 Comments A. The pay "Fair" value. This depends on the market value, how fast they wan't things done, and current public opinion on the wall. Good luck. I want the wall, but I don't want Americans forced out of their homes. Answered by mad_mike_j - Fri Jul 11 14:11:11 2008 From Yahoo Answer Search: "Eminent Domain" See also:
 stamfordadvocate.com Fri, 27 Aug 2010 05:29:50 GMT+00:00 Stamford Advocate ... city eventually widening Wright Street and using eminent domain to seize the home of his two aunts, who have lived on the street for more than 80 years. ...  fox40.com Fri, 27 Aug 2010 01:04:28 GMT+00:00 ktxl stockton - 72 year old Ralph LeGrand says he's at wit's end dealing with the Caltrans eminent domain procedure that he sees as unfair. ...  mercurynews.com Wed, 11 Aug 2010 22:02:55 GMT+00:00 San Jose Mercury News The third candidate in the race for two seats is Annabel Peterson, an outspoken opponent of eminent domain . Peterson was among a group of residents at a May ... From Google News Search: "Eminent Domain"  jasonpye.sycks.com 431px x 600px | 83.10kB [source page] is not as sacred as the laws of God and that there is no force of law and public justice to protect it anarchy and tyranny commence Property must be secured or liberty cannot exist James Madison the Father of the Constitution also noted the importance of protecting private property He said Government is instituted to protect property of every sort as well that  sundwall4congress.org 403px x 600px | 57.10kB [source page] one of these gentrified Bed Breakfasts that pop up in historical rural areas After the Kelo case in the Supreme Court many home and business owners are reacting to it on a local basis If the government can now decide your house or business is worth more in tax revenues than you can manage off you go Fortunately Libertarians in NY are against this taking and will defend From Yahoo Image Search: "Eminent Domain"  everything2.com notNEAL Sat, 21 Aug 2010 23:42:41 GM The . eminent domain. clause of the Fifth Amendment in the American Bill of Rights was unused from its ratification on December 15, 1791 until the Supreme Court case of Kohl vs. United States in 1876. The case cited the need for the ... From Google Blog Search: "Eminent Domain"  youtube.com Sun, 25 Nov 2007 15:08:08 PST A fight by homeowners to save their New London, Connecticut, neighborhood from city officials and private developers -- an important property ... youtube.com.  reason.tv Sun, 07 Sep 2008 22:04:18 PDT Eminent Domain Gone Wild on Wheels National City Eminent Domain Gone Wild Reason.tv host Drew Carey visits National City, ... reason.tv.  veoh.com Mon, 01 Mar 2010 12:31:49 PST Callanan, Rogers & Dzida, LLP, Eminent Domain Attorneys, have over 40 years combined experienced in eminent domain law. They serve Los Angeles ... veoh.com. From Google Video Search: "Eminent Domain" |
Pennsylvania Landowners' Association
Eminent Domain Guide
Victor Landowners Association
