What is Eminent Domain?
Eminent Domain is a legal proceeding under which the government can seize a piece of privately owned real estate, even if the owner objects to the seizure, so that the land can be used for some public purpose. Traditionally, eminent domain has been invoked when the government needs the land in order to complete some public project such as a road or a bridge. A recent decision by the United States Supreme Court held that eminent domain proceedings were appropriate even in a case where the government’s intention, in seizing the land, is to sell it to some third party in order to complete a private development project seen as beneficial to the public interest. In exercising its authority under eminent domain, the government is required to pay the owner the fair market value of the property. The land seizure itself is rarely the subject of eminent domain litigation. Most eminent domain lawsuits involve a dispute over the price the government wants to pay for the land.
Eminent domain is defined as the power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the United States Constitution requires that the government provide just compensation to the owner of the private property that is to be taken. Eminent domain can have a tremendous effect on a wide variety of property rights, including air, water and land rights. The government is required to go through condemnation proceedings when it takes property by eminent domain. Throughout these proceedings, the property owner should be afforded the right of due process. Eminent domain is a concept whose existence can be traced all the way back to biblical times when King Ahab of Samaria offered Naboth compensation for Naboth’s vineyard. Eminent domain is also sometimes referred to as “condemnation” or “expropriation.” These are general terms that describe forcible government acquisitions of property for any reason. Ov
Eminent domain is the right of a governmental body — normally a country, state, city, town, or county — to legally appropriate a private individual’s property for its own use. That the property owner might not want to part with his land or residence is of no consequence, and he has very few avenues of legal recourse. If the government body in question wishes to take the property, they are fully within their rights to do so. In the United States, it was generally understood that a government could not seize private property unless it was for a necessary and justifiable public use. The process, also known as condemnation, was usually exercised in specific cases, often having to do with some sort of public utility construction. For instance, land has been appropriated under eminent domain laws if it was in the path of a proposed highway, or if certain sections of a property were needed in order to install sewer, power, or telephone lines. Eminent domain has also been exercised for the bui
“Eminent domain,” often called “condemnation,” is the legal process by which a public body (and certain private bodies, such as utility companies, railroads, redevelopment corporations and some others) are given the legal power to acquire private property for a use that has been declared to be public by constitution, statute or ordinance. The “condemnor” is the public or private body having the legal power of eminent domain. The “condemnee” is the owner of the private property sought to be taken. Under the United States and Missouri constitutions, private property may be taken by eminent domain so long as the taking is for a public purpose and the condemnor pays just compensation. The “public purpose” is the use defined in the constitution, statute or ordinance. “Just compensation” is the “fair market value” of the property and any consequential damages. The “fair market value” is the current value of land and improvements, based on what price the property would bring if the owner did
It is another word for condemnation – the right of the government to take private property for a public purpose. Various examples would be to make way for a road or public park, or to provide housing for disadvantaged persons. The United States and New York Constitutions require the government to pay you fair compensation if it takes your property.
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?
