Eminent Domain

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Related to Condemnation Proceedings: Right of eminent domain, Imminent Domain

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 ?
The property owner will expend legal, appraisal, engineering, and expert witness fees during condemnation proceedings and negotiations.
By requiring consideration of the costs of developing property, existing Florida caselaw supports the admissibility of evidence of dedication requirements in condemnation proceedings.
91) In such a case, the acts of the condemnor are so detrimental to the landowner's property rights that they constitute a de facto taking of his property prior to the formal institution of the condemnation proceedings.
101, 129 (2006) ("[A] number of state and federal laws make formal condemnation proceedings a disfavored last resort.
This Article speculates as to the potential policy reasons for such a holding and, finding only the considerations of judicial economy and condemnation proceeding efficiency (time and expense to the condemnor, the burden of which passes to taxpayers), this Article argues that such considerations must yield to the property interests clearly protected by the language of the Missouri legislature.
A claim for condemnation blight under paragraph C may be brought during the condemnation proceedings or in an inverse condemnation claim.
City officials hope to strike a deal to buy easements from Eugene-based Romania without going through condemnation proceedings in court, the city's senior real property officer, Russ Royer, said Friday.
Officials were unable to immediately provide the price the CRA paid for the property in 1999, about three-quarters of which was acquired through condemnation proceedings before transferring it to L.
The appeal arises from condemnation proceedings initiated by the city for land located in Johnston County.
3d DCA 1988), also rejected a condemnation blight type counterclaim seeking redress for lost business damages attributable to a two-year delay between the notice of condemnation and the actual institution of condemnation proceedings.
However, the partners may be focusing on the rewards of "cashing out" their investments, and may be distracted by lengthy litigation over valuation in condemnation proceedings.
She was formerly appointed as a Harris County Condemnation Commissioner and presided over various condemnation proceedings.