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 ?
35) Even after all these years, I still get a kick out of explaining that takings law is neither as simple nor as complex as some people seem to believe.
Modern regulatory takings law traces its beginnings to the 1922
That one indefensible move shows just how far the takings law has strayed from its private law roots.
In Lucas, the Court took a step towards merging physical and regulatory takings law.
The Court's description of how the substantially advance test bled into takings law through careless citation to substantive due process precedent is correct, and can be easily traced by following the citation paths back in time.
In the most important chapter of the book, the evaluation of a non-deferential constitutional approach,(16) Kelman tries to construct out of current takings law an obligation on government to use the taxing power to pay for regulations "whose costs are borne by a narrower subgroup of citizens than a typical tax.
10) A progressive takings law is efficient, I maintained, since it provides proper incentives to both private landowners and public officials.
On November 7, the voters of Washington voted down the takings law by a 60 percent to 40 percent vote.
This session, Paseneaux succeeded, and Wyoming became the first state to enact a takings law in 1995.
In turn, members of those groups went door-to-door educating voters about the dangers of the takings law.