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Facts - Books - News    U.S. Facts Of Law:


Eminent Domain

Eminent domain occurs when the State or federal government appropriates real estate from a private owner without the owner's consent.  The owner is usually compensated for the loss of the property at a rate that the government determines is a just and fair value.

Normally, eminent domain is used to acquire right of way for a new road or some other public use.  It may also be used by a municipality to exercise planning and development.  In the latter case, an area might be designated as "blighted" and condemned.  The municipality may then raze the structures provide the land to a third party for development.

 The U.S. Supreme Court has upheld the right of municipalities to use eminent domain even if the intent is to provide the property to a third party.  Municipalities have even put business men and women out of business and moved people from their homes against their wishes in order to provide their property to another business entity for development.  This has been done, some say, to improve the community.  Others say this should be an unconstitutional seizure of property.

Government use of eminent domain is not limited to real property.  It may be applied to the value of a contract.  Condemnation of a franchise agreement is sometimes used by a city to displace a franchise.

 

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Verona Council Postpones Eminent Domain Votes NorthJersey.com
NorthJersey.com Verona council postpones eminent domain votes NorthJersey.com Verona has put the cart before the horse, sort of. While the Township Council postponed its votes to acquire two properties under the state Eminent Domain Act, it approved capital expenditures to prepare the lands for public use. So why front 25,000

Commissioners Authorize Collin County Staff To Evoke Eminent Community Impa...
Community Impact Newspaper Commissioners authorize Collin County staff to evoke eminent Community Impact Newspaper May 22, 2018: Collin County Commissioners on Monday authorized county staff to begin condemnation proceedings, otherwise known as using eminent domain and more raquo

Eminent Domain Legal, But Is Is Ethical The Herald Journal
Eminent domain legal, but is is ethical The Herald Journal It is true that you have every legal right to use eminent domain to take our property just as you could take the property of any citizen of your city or anyone who has property that adjoins the city. Due to voter apathy and government greed we have

CRDA Seeks Eminent Domain Powers To Acquire Key XL Center Block Hartford Bus...
Hartford Business CRDA seeks eminent domain powers to acquire key XL Center block Hartford Business The head of the Capital Region Development Authority said he plans to ask the quasi public agency39s board of directors Thursday for the power to use eminent domain to take over XL Center39s atrium and vacant retail space, which is currently owned by

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Facts of Law about declaring eminent domain

Facts of Law - Eminent Domain