What is Eminent Domain?
Under the United States Constitution, the government is permitted to take and use property for a public purpose if they give the landowner just compensation. Generally, federal and state governments have delegated this eminent domain power to local governments and municipalities. What is a “Public Purpose” for Eminent Domain Matters? In order to take private property under the powers of eminent domain, the government must show that it would be used for a public purpose. Generally, the government is given a lot of leeway on what constitutes a public purpose. Likewise, courts are usually unwilling to question the purpose that the government has put forward as the reason for taking your land. Just Compensation in Eminent Domain Matters Under the constitution, the government cannot take your land, or a part of it, without just compensation. “Just compensation” means that the government must pay you for the land that they take from you and used for a public purpose. Pro Tanto Award Usually,
AC_FL_RunContent( ‘codebase’,’http://download.macromedia.com/pub/shockwave/cabs/flash/swflash.cab#version=9,0,28,0′,’width’,’210′,’height’,’190′,’align’,’right’,’title’,’The Power of Eminent Domain’,’src’,’caled_video3′,’quality’,’high’,’pluginspage’,’http://www.adobe.com/shockwave/download/download.cgi?P1_Prod_Version=ShockwaveFlash’,’movie’,’caled_video3′ ); //end AC code “Eminent domain” – also called “condemnation” – is the power of local, state or federal government agencies to take private property for “public use” so long as the government pays “just compensation.” The government can exercise its power of eminent domain even if the owner does not wish to sell his or her property.
“Eminent domain” is the term used to describe the Commonwealth’s constitutional power to acquire privately owned land for public purposes. PennDOT executes this power only when it will benefit the public as a whole, and only after the public has been informed. • What are my rights? According to Amendment V of the U.S. Constitution, no person shall be deprived of life, liberty or property without due process of law, nor shall private property be taken for public use without Just Compensation. In this situation, it is your right to receive Just Compensation in exchange for your property were it to be taken. A Fair Market Value will be determined for your property, and you will receive this as Just Compensation along with several other benefits. Pennsylvania’s Eminent Domain Legislation is considered the most liberal of its kind in the United States. Your rights throughout this process are given primary consideration. • How is my property value determined? The value of your property will
Related Questions
- If the governments eminent domain acquisition causes some of my remaining property to be landlocked, am I forced to sell this landlocked parcel to the government in order to obtain its full value?
- Has ARRC been able to recover any money from the previous owner of the property, the federal government?
- What is Eminent Domain?
