In the United States, eminent domain is the power of a state or the federal government to take private property for public use while requiring just compensation to be given to the original owner. It can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise the functions of public character.[1]
Property taken by eminent domain may be for government use or by delegation to third parties, who will devote it to public or civic use or, in some cases, to economic development. The most common uses are for government buildings and other facilities, public utilities, highways and railroads. However, it may also be taken for reasons of public safety, as in the case of Centralia, Pennsylvania, where land was taken due to an underground mine fire.[2] Some jurisdictions require that the condemnor make an offer to purchase the subject property, before resorting to the use of eminent domain.[3]
^Lehman, Jeffrey; Phelps, Shirelle (2005). West's Encyclopedia of American Law, Vol. 4 (2 ed.). Thomson/Gale. ISBN 978-0787663704.
^"Final Centralia, Pa., residents can live out lives in town atop burning mine". Associated Press. 31 Oct 2013. Retrieved 17 May 2017.
^"State of Texas Landowner's Bill of Rights" (PDF). The Attorney General of Texas. Office of the Attorney General of Texas. Retrieved 17 May 2017.
and 23 Related for: Eminent domain in the United States information
IntheUnitedStates, eminentdomain is the power of a state or the federal government to take private property for public use while requiring just compensation...
Eminentdomain (UnitedStates, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase (Ireland, United Kingdom), resumption (Hong...
property for public use without "just compensation", the basis of eminentdomainintheUnitedStates. The Sixth Amendment (1791) provides several protections...
clause known as the Takings Clause defining private land as eminentdomain meaning UnitedStates government entity is obligated the award of just compensation...
the value of private property without obtaining ownership of the property through the use of eminentdomain. Thus, unlike the typical eminentdomain case...
Rail transportation intheUnitedStates consists primarily of freight shipments along a well integrated network of standard gauge private freight railroads...
conference for other activists facing eminentdomain abuse from around theUnitedStates to teach them how to succeed in preventing their local government...
amendments to the Constitution of theUnitedStates have been proposed by theUnitedStates Congress and sent to thestates for ratification since the Constitution...
free to all citizens, thereby enriching the public domain. Inthe early decades of its history, theUnitedStates was relatively isolated from Europe and...
The 2024 UnitedStates presidential election will be the 60th quadrennial presidential election, set to be held on Tuesday, November 5, 2024. Voters will...
adopted by the 50th UnitedStates Congress and signed into law on August 1, 1888, which authorizes federal officials to seek eminentdomain condemnation...
power is derived from the state's police power, while theeminentdomain power is derived from the Takings Clause of theUnitedStates Constitution's Fifth...
The Fifth Amendment (Amendment V) to theUnitedStates Constitution creates several constitutional rights, limiting governmental powers focusing on criminal...
TheUnitedStates Bill of Rights comprises the first ten amendments to theUnitedStates Constitution. Proposed following the often bitter 1787–88 debate...
Gentrification intheUnitedStates is commonly associated with an influx of higher-income movers into historically divested neighborhoods with existing...
out in June 2016. He is also the author of two books about property rights and eminentdomain: The Grasping Hand: "Kelo v. City of New London" and the Limits...
IntheUnitedStates, net neutrality—the principle that Internet service providers (ISPs) should make no distinctions between different kinds of content...
was established in 1942. The land was purchased from local citizens through EminentDomain by theUnitedStates Department of Defense. The Lone Star Defense...
via eminentdomain must be put to a "public use". In deciding whether the proposed project constituted a "public use", the court pointed to the Preamble's...
acquired through the use of eminentdomain to establish a stand-off zone because the prison is on the perimeter of the fort. The new prison reflects current...
Global Information