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Condemnation via eminent domain indicates the government is taking ownership of the property or some lesser interest in it, such as an easement, and must pay just compensation for it. After the condemnation action is filed, the amount of just compensation is determined in trial.
Eminent domain [a], also known as land acquisition, [b] compulsory purchase, [c] resumption, [d] resumption/compulsory acquisition, [e] or expropriation [f], is the compulsory acquisition of private property for public use.
The Law of Eminent Domain; A Treatise on the Principles which Affect the Taking of Property for the Public Use. Vol. II. Albany, New York: Matthew Bender & Company. OCLC 43697002 – via Internet Archive. Epstein, Richard Allen (1985). Takings: Private Property and the Power of Eminent Domain. Cambridge, Massachusetts: Harvard University Press.
The Fifth Amendment imposes two restrictions on government takings of private property: They must be accompanied by "just compensation," and they must be for "public use."
The issue of regulatory takings arises from the interaction between exercise of the traditional police power and exercise of eminent domain. The police power is the inherent state government power, to do what is reasonably necessary to promote and protect public health, safety, welfare and morals.
The case gives the Supreme Court an opportunity to revisit a widely reviled decision that invited such eminent domain abuses. The Government Took a Developer's Land and Gave It to a Competitor. In ...
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 ...