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The term "eminent domain" was taken from the legal treatise De Jure Belli et Pacis, written by the Dutch jurist Hugo Grotius in 1625, [4] which used the term dominium eminens (Latin for supreme lordship) and described the power as follows:
The most common uses of property taken by eminent domain have been for roads, government buildings and public utilities. Many railroads were given the right of eminent domain to obtain land or easements in order to build and connect rail networks. In the mid-20th century, a new application of eminent domain was pioneered, in which the ...
The Law of Eminent Domain; A Treatise on the Principles which Affect the Taking of Property for the Public Use. Vol. I. Albany, New York: Matthew Bender & Company. OCLC 43697002 – via Internet Archive. Nichols, Philip (1917). The Law of Eminent Domain; A Treatise on the Principles which Affect the Taking of Property for the Public Use. Vol. II.
Dominium directum et utile is composed of: [2] [3] [4]. Dominium directum (or eminent domain, superiority): the landlord's estate consisting of the right to dispose of property and to collect rents (feu-duty) and feudal incidents (fees, services, etc.) accruing from it.
Eminent domain does allow the government to seize private property for public use, but the law also requires just compensation for the property owner. The definition of “just compensation” is ...
The "Takings Clause", the last clause of the Fifth Amendment, limits the power of eminent domain by requiring "just compensation" be paid if private property is taken for public use. It was the only clause in the Bill of Rights drafted solely by James Madison and not previously recommended to him by other constitutional delegates or a state ...
Eminent domain claims can make the case that your property would better serve the public if it was not yours, but rather everyone’s. Turnpike's land seizure, other eminent domain acts could mean ...
"New York's abusive use of eminent domain should not stand under the U.S. Constitution. We hope that the Supreme Court rights a historic wrong and affirms that the government can't take private ...