NounPlural uncountable
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From Wiktionary under the GNU Free Documentation License. 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  iowadefensealliance.com callmecrusader hu, 16 Jul 2009 23:02:19 GM Even with the Iowa Legislature attempting to strengthen Iowa's . eminent domain. law the real threat of private land being taken for land development in Iowa is currently happening in Clarke County. Other Iowa counties have citizens who ...  openmarket.org Marc Scribner Mon, 13 Jul 2009 16:59:26 GM While the public outrage over . eminent domain. abuse following the 2005 Kelo ruling has waned to some degree, the controversy surrounding private property takings.  streetsblog.org Elana Schor Fri, 29 May 2009 15:12:31 GM During her confirmation hearing, Sotomayor is likely to get pointed questions on Didden from conservatives who were dismayed when the nation's highest court ruled in favor of . eminent domain. rights in 2005's Kelo v. New London. ... From Google Blog Search: "eminent domain"  news.google.com 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 ... news.google.com Atlanta Journal Constitution The proposed purchase would settle two lawsuits involving an adjacent sliver of land at that location, which the county took through eminent domain in April ... news.google.com Ames Tribune Councilman Matthew Goodman said the council's 5-1 decision to convey eminent domain by resolution on a case-by-case basis is a big improvement over the ... From Google News Search: "eminent domain"  metroactive.com 153px x 265px | 25.30kB [source page] Big blue That largeish swathe of color above could represent a massive enactment of eminent domain A curse or a blessing  iinet.com 62px x 782px | 6.30kB [source page] From Yahoo Image Search: "eminent domain" How does eminent domain compensate for restrictions ? Q. Several years ago I sold a parcel of land reserving a restriction that no roads would be constructed. The property owners are bound by this restriction, however the land is now being taken by the state under the power of eminent domain. My restriction will now be ignored but am I entitled to be compensated the same as the land owner since this is in derogation of the restriction ? If so, what methods are used to determine the amount I'm entitled to ? Asked by BEN W - Fri Sep 19 23:22:11 2008 - - 1 Answers - 0 Comments A. If you're no longer the owner, how are you damaged by the road? Are you a neighbor? What was the goal of your restriction (besides no road)? I need more info. I think the state looks at comps, but first you're going to have to prove your damages. Answered by Gala - Fri Sep 19 23:29:32 2008 Is any part of a court awarded eminent domain payment taxable as ordinary income? Q. Land was taken. Taking gov agcy pays a lowball deposit. Jury awards a figure exceeding deposit, statute says "interest" running from date of take on the undeposited proceeds is also to be calculated and due recipient to date of final payment. IRS treats award amt as cap gains. Is the portion received by land owner called "interest" truly interest income, taxable by feds at higher ordinary income rates, or just an added part of the award taxble/treatable same as basic award figure. Asked by sashayeltsin - Wed Jun 4 05:45:06 2008 - - 2 Answers - 0 Comments Which retailer has used eminent domain the most?
Q. Does anyone know what are the top 5 retalers that have used eminent domain the most? Asked by 69gtodude@sbcglobal.net - Sat Aug 5 03:05:10 2006 - - 2 Answers - 0 Comments A. Eminent Domain is a legal provision that allows the government to take private property for the benefit of the public at large. Example... taking land from a private owner in order to widen a road. In other instances, property can be taken away for the benefit of a third party, say utilities right of way. The original land owner must be compensated fairly. I do not know what retailers frequently get the government to do that for them but I remember recently, there was an uproar concerning a certain city government trying to exercise eminent domain so that a shopping center may be built. In June 2006, George Bush signed an executive order limiting the usage of eminent domain and that it may not be used "for the purpose of advancing the… [cont.] Answered by robert S - Sat Aug 5 12:33:26 2006 From Yahoo Answer Search: "eminent domain" |
