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Eminent domain (United States, Canada), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption/compulsory acquisition (Australia) or expropriation (South Africa and Canada's common law systems) is the inherent power of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent. The property is taken either for government use or by delegation to third parties who will devote it to public or civic use or, in some cases, economic development. The most common uses of property taken by eminent domain are for public utilities, highways, and railroads, however it may also be taken for reasons of public safety, such as in the case of Centralia, Pennsylvania. Some jurisdictions require that the government body offer to purchase the property before resorting to the use of eminent domain. The term "condemnation" is used to describe the formal act of the exercise of the power of eminent domain to transfer title to the property from its private owner to the government. This use of the word should not be confused with its sense of a declaration that property is uninhabitable due to defects. The latter usually does not deprive the owners of the title to the property condemned but requires them to rectify the offending situation or have the government do it for the owner at the latter's expense. Condemnation via eminent domain indicates the government is taking ownership of the property or a lesser interest in it, such as an easement. In most cases the only thing that remains to be decided when a condemnation action is filed is the amount of just compensation, although in some cases the right to take may be challenged by the property owner on the grounds that the attempted taking is not for a public use, or has not been authorized by the legislature, or because the condemnor has not followed the proper procedure required by law. The exercise of eminent domain is not limited to real property. Governments may also condemn personal property, such as supplies for the military in wartime or franchises. Governments can even condemn intangible property such as contract rights, patents, trade secrets, and copyrights. Even football teams may be seized by eminent domain. From Wikipedia under the
GNU Free Documentation License What are the cons to eminent domain? Q. Basically why is eminent domain bad, is it fair, and arguments against people who support eminent domain. Thank you. Asked by dave - Mon Feb 18 12:14:44 2008 - - 5 Answers - 1 Comments A. Under current Supreme Court doctrine, the biggest con is that the government can take your property so that another private citizen can develop it. Previously, it was only used when the use was for a public or government-supported project. Now, if it is determined that the benefit of the private project would accrue to the community, it can justify a taking. I am very opposed to this sort of activity. If private people or companies want to acquire your property, they should have to negotiate with you, and nothing should force you to sell if you don't want to. The other con that has existed since the doctrine was first developed is determining what a fair payment is when your property is taken. Answered by Gen. Stiggo - Mon Feb 18 12:24:35 2008 eminent domain how does it work ? Q. what is eminent domain how does it work and what are the ramifications of the statute ? Asked by KENNETH N - Thu Jan 22 07:07:59 2009 - - 2 Answers - 0 Comments A. Statutes vary by country. In the US statutes vary by state. Basically it is the right of government to take private property from the private property owner. The right is supposed to be limited to taking for "the public good." If the state wants to put in a highway on your property, they can take your property. In PA, the law says the state has to pay fair market value plus expenses...moving, utility shut offs, and so on. Answered by regerugged - Thu Jan 22 07:17:50 2009 Eminent Domain ? How much does the Gov pay you?
Q. if youre house gets taken under Eminent Domain , how much will the gov reimburse you? Asked by YouTube - Thu Feb 1 20:11:57 2007 - - 4 Answers - 0 Comments A. The government will pay you - listen very closely - what they believe is 'fair market value'. They base this on their appraisers and what they have paid other landowners in the area. If you disagree with their offer, dicker for a while. While this is going on, arrange for your own appraisal. Be sure to ask the appraiser if he 1) has done 2) is doing or 3) has a contract to perform appraisals for the entity taking your land. Don't use this guy if any of his answers is "yes". If he says "No", get it in writing. (Down the road, this may become valuable to you.) Do not cave in to their blandishments, or veiled threats, phony deadlines, or sweet talk. The longer you hold out, the higher the price will go. Good Luck to you and… [cont.] Answered by SisterGirl - Thu Feb 1 21:03:36 2007 From Yahoo Answer Search: "Eminent Domain" See also:
 stltoday.com Fri, 23 Jul 2010 20:32:52 GMT+00:00 St. Louis Post-Dispatch A former landowner in St. Louis' Bottle District who sued and won a total of $3.5 million for property taken by eminent domain more than five years ago has ...  www2.seattlepi.com Sat, 24 Jul 2010 05:14:21 GMT+00:00 Seattle Post Intelligencer On the west side, a number of condominium owners would lose property to eminent domain . There also is a low-income housing project in development that will ...  libn.com Wed, 30 Jun 2010 21:50:16 GMT+00:00 Long Island Business News (blog) In its opinion, the court agreed that the state had improperly valued the Flowerfield land and misapplied the eminent domain law's requirement that just ... Court of Claims Issues Favorable Opinion in Condemnation Litigation MarketWatch (press release) From Google News Search: "Eminent Domain"  dispatx.com 359px x 475px | 662.60kB [source page] view 2 view 3  dispatx.com 633px x 475px | 1400.00kB [source page] Comments 0 From Yahoo Image Search: "Eminent Domain"  countusout.wordpress.com count us out ue, 20 Jul 2010 21:22:32 GM The filing is the first step under the power of . eminent domain. to take land from unwilling sellers in Pratt, Kingman and Reno counties. At least 173 property owners hold some interest in the 40 tracts targeted in the filing. ...  militantlibertarian.org Militant Libertarian ue, 06 Jul 2010 05:26:17 GM The phrase . eminent domain. reflects an assumption Karl Marx would find congenial: government is the default owner of everything, and that private ownership, however extensive, is merely a contingent arrangement. ...  thefreemanonline.org George C. Leef Sat, 10 Jul 2010 19:43:02 GM Abuse of Power: How Government Misuses . Eminent Domain. by Steven Greenhut Seven Locks Press 2004 276 pages $17.95 paperback Reviewed by George C. Leef. The essential difference between a market economy and a socialist one is that ... From Google Blog Search: "Eminent Domain" |
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