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The Fifth Amendment's Takings clause does not provide for the compensation of relocation expenses if the government takes a citizen's property. [1] Therefore, until 1962, citizens displaced by a federal project were guaranteed just compensation for the property taken by the government, but had no legal right or benefit for the expenses they paid to relocate.
Eminent domain has been used to acquire land from African-Americans for urban renewal redevelopments [25] and in other cases to dispossess them and remove them from areas where their presence was not desired by white neighbors, e.g. Bruce's Beach subdivision in Los Angeles, California. [26]
17 Mile Drive – A private scenic road on the California coast some 250 miles north of Malibu on the Monterey peninsula. Berman v. Parker – A later case (1954) in the Supreme Court regarding the power of eminent domain. Hueneme, Malibu and Port Los Angeles Railway (The railroad that the Rindges built through Malibu)
City commissioners voted unanimously Oct. 2 to approve the use of eminent domain, if needed, to obtain the Richardsons' 1.3-acre homestead at 613 and 623 Union Drive.
Most states use the term eminent domain, but some U.S. states use the term appropriation or expropriation (Louisiana) as synonyms for the exercise of eminent domain powers. [47] [48] The term condemnation is used to describe the formal act of exercising the power to transfer title or some lesser interest in the subject property.
The legal doctrine of eminent domain (also known as compulsory purchase, resumption, compulsory acquisition or expropriation). Subcategories This category has the following 3 subcategories, out of 3 total.
Market value is the prevailing, but not exclusive measure of determining the just compensation owed to a landowner under the Fifth Amendment. Fair Market Value is defined by appraisers as the most probable price, in terms of cash that would be paid by a willing buyer to a willing seller, each being fully informed of the property's good and bad features, with the property being exposed on the ...
A Treatise on the Law of Eminent Domain in the United States. Chicago, Illinois: Callaghan & Company. LCCN 13010152. OCLC 1668306. Nichols, Philip (1917). 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.