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 ?
57) Justice Stevens' analysis is rife with citation to Euclid and Goldblatt, (58) and post-Lingle it is clear that takings law presumes that the government will not affect property for really silly reasons.
But American takings law has not remained so limited.
And the latter reasoning is difficult to reconcile with the ample evidence that the Founders did not view takings law in such a strict libertarian way.
The current spotlight on judicial takings reveals conceptual ambiguities in takings law as a whole, and offers an opportunity for reexamining the relationships among different parts of the doctrinal framework.
Part B asserts that Lingle returned takings law to its central question, the question of the distribution of the burdens of regulatory interventions.
overcome the distorting effects of fiscal illusion, takings law must
To date, the ad hoc Penn Central analysis has appeared to mask, if not intellectual bankruptcy, to use Professor Merrill's provocative terminology, at least considerable uncertainty about the fundamental parameters of takings law.
The Court currently has before it three cases that present several important issues that could impact the future of takings law and eminent domain cases.
develop the "ethical foundations" of takings law, not to
Takings Litigation Handbook: Defending Takings Challenges to Land Use Regulations is designed to assist government attorneys, land use planners, and other local officials understand and apply takings law.
To people not versed in takings law, what else can the darn thing be?