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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

Eminent Domain: Tacos To Go Centeraposs Businesses Worry ThisWeek Community ...
Eminent domain: Tacos to go Center39s businesses worry ThisWeek Community News But the customers perhaps didn39t know the popular eatery, along with five other tenants of the retail strip center at 51 91 S. Hamilton Road, is subject to possible eminent domain action by the city of Whitehall, ahead of the construction of the nearby

Edgartown Votes To Take Yellow House By Eminent Domain The Marthaaposs Vin...
Marthaaposs Vineyard Times Edgartown votes to take Yellow House by eminent domain The Marthaaposs Vineyard Times With the filing of a signed eminent domain taking in court Tuesday morning, this house is officially owned by the town. George Brennan. The Edgartown board The Vineyard Gazette Martha39s Vineyard News Edgartown Takes The Vineyard Gazette Marthaaposs Vineyard News all 2 news articles raquo

Kaufman Amp Canoles Forms Group Specializing In Eminent Domain Issues Virgin...
Virginian Pilot Kaufman amp Canoles forms group specializing in eminent domain issues Virginian Pilot Kaufman amp Canoles39 creation of a specialized eminent domain practice group is exciting news, said Patricia L. West, a retired judge who is distinguished professor and associate dean of career and alumni services at Regent University School of Law.

Minot, Church Go To Court Over Eminent Domain Dispute KFYRTV
KFYR TV Minot, Church go to court over eminent domain dispute KFYR TV MINOT, ND An eminent domain dispute between the city of Minot and a church is making its way through district court. The city of Minot filed for eminent domain last September against River of Life Assembly of God, which operates the Open Gate Church

Berganoaposs Attorney To Get Around 200K In Va. Beach Eminent Domain Case WA...
WAVY TV Bergano39s attorney to get around 200K in Va. Beach eminent domain case WAVY TV VIRGINIA BEACH, Va. WAVY Taxpayers in the City of Virginia Beach got somewhat of a break in a recently settled eminent domain case. WAVY39s Andy Fox reports Joe Waldo, the attorney for Joseph Bergano, wanted 600,000 in attorney fees. The city and more raquo

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Facts of Law about declaring eminent domain

Facts of Law - Eminent Domain