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 ?
42 of the Expropriations Act in that it may allow for expropriating authorities, particularly school boards, to shift their purposes from those prescribed in the original Notice of Expropriation.
From a public benefit perspective, expropriating land to enlarge a school seems problematic where most, if not all, reports have indicated that it is a) unnecessary, b) impractical, and c) displaces people.
182) Moving to Scott Park, the expropriating school board eventually conveyed the condemned land to the municipality for uses not directly related to building a school, and yet no barriers to the expropriation existed.
There is a recurring theme evident here: there are not enough limitations on expropriating bodies in Ontario.
The system of value negotiation is one of the only areas that property owners in Ontario maintain some leverage over the expropriating body.
224) However, making the right to private property a constitutionally protected right would have far reaching benefits more so than just affording land owners a greater legal ability to defend their land from expropriating authorities.
Second, most lawyers practicing in the area of real estate and urban development will likely advise clients that chances of successfully challenging a Notice of Expropriation are low and the best that can be hoped for is increased compensation from the expropriating authority.
Were there any unexpected costs that were not covered by the expropriating authority?