Eminent Domain


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Eminent Domain

The right of a government to force the sale of real estate by a private individual or corporation in certain cases. For example, if a municipality is building a road, it may exercise eminent domain to purchase the land along which the road is going to run. While the private owners are paid for these purchases, they may not refuse to sell. The term is most common in the United States. The concept is called compulsory purchase in the United Kingdom and compulsory acquisition in Australia.

eminent domain

The power of government to take land for the public good with the payment of just compensation.See condemnation.

Eminent Domain

The right of a government authority to take private property for public use and paying fair compensation to the owner.
References in periodicals archive ?
According to Rikon, eminent domain law has always been used freely by both New York City and New York State.
The meeting started with attorneys for the city explaining that the council would not be voting to take anyone's land by eminent domain.
Merely registering as a common carrier does not conclusively convey the extraordinary power of eminent domain or bar landowners from contesting in court whether a planned pipeline meets the statutory common carrier requirements," the court said in its ruling in favor of David Holland, a Beaumont-area landowner who questioned Denbury Resources' use of eminent domain to build a carbon dioxide pipeline across his land.
Americas sued in what's called a motion for preliminary injunction to block Richmond and MRP from using eminent domain.
I was hired by the Attorney General's Office in 1975 and there were four of us who handled eminent domain cases, mostly for the Department of Transportation in highway building projects.
Supporters of the eminent domain option, including San Francisco-based Mortgage Resolution Partners LLC, have said that the method would cut through lengthy delays and provide effective, targeted relief to homeowners.
Subsequently, the Britts filed a motion in the eminent domain proceeding seeking distribution of the $18,000 appraisers' award for Armendariz's tract, and specifically requested that their attorney, Jarboe, be awarded his fees first.
House of Representatives passed, by voice vote, a bill that would prevent the use of eminent domain on property to be used for economic development in all but a list of specific cases, including the construction of a road, hospital, airport, or military base.
The bill creates safe harbor for specific "public purpose" activities that necessitate eminent domain, such as the construction of roads, hospital facilities, airports or military bases.
City of New London elicited widespread commentary in the media about the government abuse of eminent domain rules, yet much of it, suggests Schultz (Institute for Law and Politics, U.
Poling, who represents northeast Eugene, brought the issue forward in response to the city's possible use of eminent domain to acquire 65 acres in south Eugene for parkland.
Ilya Somin complains that the backlash against eminent domain abuse has failed to produce significant changes in the law ("The Limits of And-Kelo Legislation," August/September).