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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
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Plano Approves Eminent Domain For New Hike And Bike Trail Connection Star Lo...
Star Local Media Plano approves eminent domain for new hike and bike trail connection Star Local Media The Plano City Council approved to evoke eminent domain to make way for a hike and bike trail connection for the Preston Ridge Trail. With the proposed easement, Plano39s Preston Ridge Trail could finally create a seamless connection from Frisco to

Glenville May Use Eminent Domain For Trail The Daily Gazette
The Daily Gazette Glenville may use eminent domain for trail The Daily Gazette Correction: A previous version of this story gave the wrong date for the public hearing, which will be Wednesday, April 18. GLENVILLE The town may use its eminent domain powers to acquire property for a planned 2,500 foot long Glenridge Road multi

New Jersey AG Opposes Eminent Domain For PennEast Natgas Pipeline Nasdaq
Nasdaq New Jersey AG opposes eminent domain for PennEast natgas pipeline Nasdaq March 23 Reuters New Jersey39s attorney general on Friday asked a U.S. District Court in the state to reject a request by PennEast Pipeline Co to condemn state property interests in preserved land for its proposed natural gas pipeline. PennEast New Jersey files suit against PennEast over proposed pipelineWFMZ Allentown all 3 news articles raquo

State, Land Trusts Urge Courts To Deny PennEast Pipeline Eminent Domain Overr...
PR Newswire press release State, Land Trusts Urge Courts to Deny PennEast Pipeline Eminent Domain Overreach, Says NJ Conservation PR Newswire press release TRENTON, N.J., March 23, 2018 /PRNewswire/ The State of New Jersey reaffirmed its commitment to saving open space in a legal filing asking the U.S. District Court in Trenton to reject PennEast39s demand to condemn more than 20 parcels of state owned

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Facts of Law about declaring eminent domain

Facts of Law - Eminent Domain