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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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Eminent Domain News
GN News

Letter: Keep Promises Related To Trail, Eminent Domain Brown County Democrat
Letter: Keep promises related to trail, eminent domain Brown County Democrat The president, Kevin Allen, spoke at a Brown County Commissioners meeting in 2004 and stated that eminent domain would never be used for the proposed trail. Gary and Sheila Oliver and Brown County Schools have received offers to purchase a portion of

The City Of Lima Files For Eminent Domain For Planned Rhodes Property Your N...
Your News Now The City of Lima files for eminent domain for planned Rhodes property Your News Now Hence the city39s request to claim eminent domain over the properties. The next step is for the judge to hear the case and decide whether it fits the qualifications for eminent domain. The city will then have to pay the amount the judge sees fit for the

Louisiana Supreme Court Hears Arguments In Controversial Setting Case Of Emin...
The Advocate Louisiana Supreme Court hears arguments in controversial setting case of eminent domain The Advocate This facility, once owned by the Violet Dock Port company but since taken under Louisiana39s eminent domain law by St. Bernard Parish39s port, is at the center of a protracted legal dispute that the state Supreme Court heard on Monday. The facility for

Eminent Domain, Airport And Growth Top Issues At Burley Forum Twin Falls Tim...
Twin Falls Times News Eminent domain, airport and growth top issues at Burley forum Twin Falls Times News BURLEY Burley mayoral and City Council candidates staked out stances on the city39s role in curbing the housing shortage, using eminent domain and their support of moving the city39s airport during a Times News forum Monday. Mayoral incumbent Merlin

Pine Manor Eminent Domain Question: Public Meeting Monday Night In Brookline ...
Patch.com Pine Manor Eminent Domain Question: Public Meeting Monday Night In Brookline Patch.com The purpose of the meeting is to get the public39s input on the possibility of a taking by eminent domain. In anticipation of a lot of discussion and perhaps some charged words, Chairman of the Board of Selectmen Neil Wishinsky took to Facebook to post

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Facts of Law about declaring eminent domain

Facts of Law - Eminent Domain