Eminent Domain in United States
Eminent Domain Definition
The power to take private property for public use, whether exercised by the sovereign directly, or by one to whom the sovereign power has been delegated for qiMsi public purposes. The superior right of property subsisting in a sovereignty, by which private property may in certain cases be taken or its use controlled for the public benefit, without regard to the wishes of the owner. The highest and most exact idea of property remaining in the government, or in the aggregate body of the people in their sovereign capacity, giving a right to resume the possession of the property in the manner directed by the constitution and the laws of the state whenever the public good requires it. 3 Paige, Ch. (N. Y.) 73. The term was originated by Grotius (De Jure Belli, lib. 3, c. 20, VII).
Eminent Domain in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Eminent Domain | Eminent Domain in the World Legal Encyclopedia. |
| Eminent Domain | Eminent Domain in the European Legal Encyclopedia. |
| Eminent Domain | Eminent Domain in the Asian Legal Encyclopedia. |
| Eminent Domain | Eminent Domain in the UK Legal Encyclopedia. |
| Eminent Domain | Eminent Domain in the Australian Legal Encyclopedia. |
Browse the American Encyclopedia of Law for Eminent Domain
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| Eminent Domain | Eminent Domain in the Family Law Portal of the American Encyclopedia of Law. |
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| Eminent Domain | Eminent Domain in the Commercial Law Portal of the American Encyclopedia of Law. |
| Eminent Domain | Eminent Domain in the Criminal Law Portal of the American Encyclopedia of Law. |
| Eminent Domain | Eminent Domain in the Antritrust Portal of the American Encyclopedia of Law. |
| Eminent Domain | Eminent Domain in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Eminent Domain | Eminent Domain in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Eminent Domain | Eminent Domain in the Tax Law Portal of the American Encyclopedia of Law. |
| Eminent Domain | Eminent Domain in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Eminent Domain | Eminent Domain in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Eminent Domain | Eminent Domain in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Eminent Domain | Eminent Domain in the Environmental Law Portal of the American Encyclopedia of Law. |
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| Eminent Domain in the Dictionaries | Eminent Domain in our legal dictionaries |
| http://lawi.us/eminent-domain | The URI of Eminent Domain (more about URIs) |
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Legal Issue for Attorneys
The power to take private property for public use, whether exercised by the sovereign directly, or by one to whom the sovereign power has been delegated for qiMsi public purposes. The superior right of property subsisting in a sovereignty, by which private property may in certain cases be taken or its use controlled for the public benefit, without regard to the wishes of the owner. The highest and most exact idea of property remaining in the government, or in the aggregate body of the people in their sovereign capacity, giving a right to resume the possession of the property in the manner directed by the constitution and the laws of the state whenever the public good requires it. 3 Paige, Ch. (N. Y.) 73. The term was originated by Grotius (De Jure Belli, lib. 3, c. 20, VII).
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Notice
This definition of Eminent Domain Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Practical Information
Note: Some of this information was last updated in 1982
The power of federal, state, and local governments to appropriate property for public use or the public welfare. When such property is taken, the owner is reimbursed according to a fair appraisal and has the right to sue for a greater amount. public utility corporations are also given the power of eminent domain.
What is Eminent Domain?
For a meaning of it, read Eminent Domain in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Eminent Domain.
Eminent Domain
United States Constitution
According to the Encyclopedia of the American Constitution, about its article titled EMINENT DOMAINIn his argument as counsel in west river bridge company v. dix (1848) , the first case in which the Supreme Court ruled directly on the constitutionality of the states’ power of eminent domain, daniel webster thundered against the whole concept of state discretion in “takings.” Only in
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Eminent Domain
United States Constitution
According to the Encyclopedia of the American Constitution, about its article titled EMINENT DOMAIN One of the most challenging and enduring puzzles in American constitutional law is how one distinguishes a compensable taking of property from a legitimate and noncompensable exercise of the police power. To suggest the Supreme Court’s approach to the question, Harry N.
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Power of Eminent Domain and Corporate Law
This section provides basic coverage of Power of Eminent Domain in relation to U.S. state and federal corporate law. For comprehensive coverage, please visit the main entry.
Meaning of Eminent Domain
In plain or simple terms, Eminent Domain means: The power to take private property for public use by the state and municipalities.
Basic Meaning of Eminent Domain
Eminent Domain means: the inherent power of a government to take private property for public use. In the U.S. just compensation to the property owners is required.
Eminent Domain and the Takings Clause Explained
References
See Also
- Property
Eminent Domain Background
Eminent Domain: Proof of Lack of Reasonable Necessity for Taking of Property
This section discusses generally the subject of Eminent Domain: Proof of Lack of Reasonable Necessity for Taking of Property, how to determine the facts essential to Eminent Domain: Proof of Lack of Reasonable Necessity for Taking of Property, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.
Georgia Eminent Domain Database
This is a database related to interests in and transfers of real estate, in the following material: State Treatises, Forms, and Practice Guides. A description of this real estate database is provided below:
Full text of Georgia Eminent Domain, which presents the basic procedural framework of the condemnation case, along with the substantive legal issues commonly encountered by both condemnor and condemnee. The treatise includes a discussion of condemnation procedures and methods, including the assessor, special master, and declaration of taking methods; the persons or interests entitled to compensation; how to determine compensation; the rules concerning admissible evidence regarding compensation; and other remedies of property owners.
Note: This real estate database is only relate to the jurisdiction of GEORGIA. It lacks relevance and is not useful for other U.S. States.
Resources
See Also
- Corporate Law
Meaning of Eminent Domain
In plain or simple terms, Eminent Domain means: The power to take private property for public use by the state and municipalities.
Basic Meaning of Eminent Domain
Eminent Domain means: the inherent power of a government to take private property for public use. In the U.S. just compensation to the property owners is required.
Eminent Domain and the Takings Clause Explained
References
See Also
- Property
Eminent Domain Background
Resources
See Also
Confiscation of Property ; Police Power ; Property
public ownership.
Further Reading (Books)
Coyle, Dennis J. Property Rights and the Constitution: Shaping Society through Land Use Regulation. Albany: State University of New York, 1993.
Fischel, William A. Regulatory Takings: Law, Economics, and Politics. Cambridge, Mass.: Harvard University Press, 1995.
R. BlakeBrown
Eric L.Chase
Harold W.Chase
Further Reading (Articles)
SEN. RICE PUSHES HIS EMINENT DOMAIN LEGISLATION FORWARD, US Fed News Service, Including US State News; June 19, 2008
Eminent domain up for action, Whittier Daily News; August 22, 2005; Mike Sprague
Eminent domain abuse needs to be curbed, Oakland Tribune; January 27, 2008
EMINENT DOMAIN; TROTWOOD CONSIDERS USING POPULAR METHOD FOR GOVERNMENTS TO GET PROPERTY, Dayton Daily News (Dayton, OH); November 16, 2003; Shannon Joyce Neal sjneal@DaytonDailyNews.com
Eminent Domain Attorney James Morris, New Hampshire Business Review; August 24, 2012; McCord, Michael
Eminent domain reform could hinder cities’ plans; Rosemount and other communities south of the river could find their plans for redevelopment stymied by proposed legislation that would curb cities’ ability to seize private property for economic purposes.(SOUTH), Star Tribune (Minneapolis, MN); February 8, 2006; Kantor, Shira
EMINENT DOMAIN’S CONTINUING ROLE THOUGH RECENT DISCRIMINATION RULING PROVED A SETBACK, LAW REMAINS STRONG FORCE, The Boston Globe (Boston, MA); June 5, 1987; Desiree French, Globe Staff
Eminent Domain Legislation by State, Public Management; December 1, 2005; Morandi, Larry
Eminent Domain and Economic Development: Striking a Balance: Eminent Domain Is a Long-Standing and Powerful Tool of Local Governments. It Is Also One of the Most Controversial, Particularly in Minority and Low-Income Communities, Partners in Community and Economic Development; January 1, 2006; Farr, Jessica LeVeen
EMINENT DOMAIN IN DECLINE; A Change in State Law Limited the Power of Cities to Use Eminent Domain for Commercial Projects. since Then, itAEs Used Very Carefully, Star Tribune (Minneapolis, MN); August 23, 2013
Eminent Domain Looms over Race Arlington Hts. Board Incumbents Keep Quiet, Daily Herald (Arlington Heights, IL); April 1, 2007; Ahern, Sheila
Eminent domain: Pulling the land out from under you // Legal power to take property expands to cover recreation (like ballparks), Sunday News Lancaster, PA; June 16, 2002; Gil Smart
Eminent Domain Due Process, The Yale Law Journal; April 1, 2010; Hudson, D. Zachary
Eminent Domain Battle Moves to Senate, NJBIZ; November 7, 2005; Goldstein, Scott
Eminent domain to fight foreclosures is divisive, AP Online; November 23, 2013; By KATIE ZEZIMA
Eminent domain reform on horizon: local government, environmentalists seek to frame issue in new way. California Planning & Development Report; January 1, 2007; Shigley, Paul
Eminent Domain: Information about Its Uses and Effect on Property Owners and Communities Is Limited. General Accounting Office Reports & Testimony; December 1, 2006
States and eminent domain: limiting public use, increasing compensation.(GOVERNMENT SPOTLIGHT), Valuation Insights & Perspectives; September 22, 2005; Morton, Justin
BG’s eminent domain plan gets noticed. Daily News (Bowling Green, KY); November 7, 2005
RICE EMINENT DOMAIN OVERHAUL LEGISLATION ADVANCES BILL WOULD CREATE GREATER OPENNESS, FAIRNESS IN EMINENT DOMAIN PROCESS. States News Service; October 7, 2010
Introduction to Eminent Domain
Eminent Domain, in public law, in its widest sense, the right or power to take private property for public use. More precisely, it is the right of the nation, or those to whom the power has been lawfully delegated, such as railroads and public utility companies, to appropriate, by due process of law, the ownership and possession of private property, and to pay the owner of the property a just compensation. Eminent domain differs from taxation in that the exercise of the right affects the owners of specified properties, whereas taxation always involves the principle of the distribution of a public burden among a number of persons.
Eminent domain is an inherent and necessary attribute of sovereignty, and is superior to all private property rights. It is applied widely in the United States. The federal government possesses the right of eminent domain as a sovereign state. It has exercised that right in the acquisition of land for numerous public projects. However, the Fifth Amendment to the Constitution of the United States provides that “private property [shall not] be taken for public use, without just compensation.” These limitations have theoretically provided safeguards against excessive, unpredictable, or unfair use of the government’s eminent domain power.” (1)
Power of Eminent Domain and Corporate Law
This section provides basic coverage of Power of Eminent Domain in relation to U.S. state and federal corporate law. For comprehensive coverage, please visit the main entry.
Meaning of Eminent Domain
In plain or simple terms, Eminent Domain means: The power to take private property for public use by the state and municipalities.
Basic Meaning of Eminent Domain
Eminent Domain means: the inherent power of a government to take private property for public use. In the U.S. just compensation to the property owners is required.
Eminent Domain and the Takings Clause Explained
References
See Also
- Property
Eminent Domain Background
Resources
See Also
- Corporate Law
Meaning of Eminent Domain
In plain or simple terms, Eminent Domain means: The power to take private property for public use by the state and municipalities.
Basic Meaning of Eminent Domain
Eminent Domain means: the inherent power of a government to take private property for public use. In the U.S. just compensation to the property owners is required.
Eminent Domain and the Takings Clause Explained
References
See Also
- Property
Eminent Domain Background
Resources
Notes and References
- Information about Eminent Domain in the Encarta Online Encyclopedia
Guide to Eminent Domain
In this Section
Eminent Domain, Eminent Domain at the Local Level and Supreme Court Rulings on Eminent Domain.
Eminent Domain in State Statute Topics
Introduction to Eminent Domain (State statute topic)
The purpose of Eminent Domain is to provide a broad appreciation of the Eminent Domain legal topic. Select from the list of U.S. legal topics for information (other than Eminent Domain).
Power of Eminent Domain and Corporate Law
This section provides basic coverage of Power of Eminent Domain in relation to U.S. state and federal corporate law. For comprehensive coverage, please visit the main entry.
Meaning of Eminent Domain
In plain or simple terms, Eminent Domain means: The power to take private property for public use by the state and municipalities.
Basic Meaning of Eminent Domain
Eminent Domain means: the inherent power of a government to take private property for public use. In the U.S. just compensation to the property owners is required.
Eminent Domain and the Takings Clause Explained
References
See Also
- Property
Eminent Domain Background
Resources
See Also
- Corporate Law
Meaning of Eminent Domain
In plain or simple terms, Eminent Domain means: The power to take private property for public use by the state and municipalities.
Basic Meaning of Eminent Domain
Eminent Domain means: the inherent power of a government to take private property for public use. In the U.S. just compensation to the property owners is required.
Eminent Domain and the Takings Clause Explained
References
See Also
- Property
Eminent Domain Background
Resources
Further Reading
- Information about Eminent Domain in the Gale Encyclopedia of American Law.
Eminent domain meaning
Eminent domain is the right of the soveriegn over all property within its territorium. It is the right of the soveriegn to confiscate without compensation. Constitutional limitations on this sovereign power may exist and do exist in the United States where property when taken by the government must be fairly compensated and may only be taken for public use.
Authority of Cherokee Nation of Oklahoma v. Langley, 555 P.2d 1025, 1028.