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Eminent domain (United States of America), 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 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 eminent domain how does it work ? Q. what is eminent domain how does it work and what are the ramifications of the statute ? Asked by KENNETH N - Thu Jan 22 07:07:59 2009 - - 2 Answers - 0 Comments A. Statutes vary by country. In the US statutes vary by state. Basically it is the right of government to take private property from the private property owner. The right is supposed to be limited to taking for "the public good." If the state wants to put in a highway on your property, they can take your property. In PA, the law says the state has to pay fair market value plus expenses...moving, utility shut offs, and so on. Answered by regerugged - Thu Jan 22 07:17:50 2009 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 From Yahoo Answer Search: "Eminent Domain" See also:
 news.google.com Ithaca Journal It is my understanding that eminent domain is only invoked when it is for the greater good. Is the proposed walking trail that threatens some of the Andree ... news.google.com istockAnalyst.com (press release) What limits should there be on city eminent domain proceedings? E- mail your opinion to to be considered for publication as a ... and more » news.google.com Reason Online But that hasn't stopped Sotomayor's nomination from reigniting the long-simmering national debate over the use and abuse of eminent domain . ... and more » From Google News Search: "Eminent Domain"  iinet.com 351px x 241px | 21.20kB [source page] also provide estimated relocation costs when needed by the public agency for budgeting determining alternate right of way alignments and changes in the existing planned right of way From Yahoo Image Search: "Eminent Domain"  momandpopnyc.blogspot.com Neighborhood Retail Alliance Fri, 24 Jul 2009 13:06:00 GM Why hasn't the city and state coordinated an . eminent domain. proceeding to condemn the Port's property rights-and Silverstein's lease along with it? In Willets Point, so the argument goes, we can't allow this eyesore to be ...  cafehayek.com Don Boudreaux Sat, 04 Jul 2009 14:30:19 GM I've never suggested any enactment of . eminent domain. that makes no distinction between rich and poor. On the contrary, this sort of distinction is precisely what I advocate. A progressive consumption tax does not limit the consumption ...  urbanplacesandspaces.blogspot.com Richard Layman Wed, 22 Jul 2009 13:37:00 GM Requiring, as Justice Anthony M. Kennedy suggested in his Kelo concurrence, that any exercise of . eminent domain. for economic development have a primarily public purpose rather than a merely incidental one. -- Requiring the government to ... From Google Blog Search: "Eminent Domain" |
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