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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 ...
Berman v. Parker, 348 U.S. 26 (1954), is a landmark decision of the United States Supreme Court that interpreted the Takings Clause ("nor shall private property be taken for public use, without just compensation") of the Fifth Amendment to the United States Constitution.
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.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act (1970) ("URA") was passed by the U.S. federal government in 1970. It was intended to ensure fair compensation and assistance for those whose property was compulsorily acquired for public use under eminent domain law.
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 ...
At a special meeting last Thursday, the Town Council authorized the use of eminent domain to seize a 31-acre site currently owned by developer Waterman Chenango LLC. The eminent domain resolution ...
This power of eminent domain is not only a privilege of the federal, but also state governments. While the petitioners protest that no act of the United States Congress was used to determine the details of the acquisition, the Court ruled such legislation appropriate but unnecessary; it did not prevent the right to acquire land from being ...