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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 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 "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 ...
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.
Inverse condemnation is a legal concept and cause of action used by property owners when a governmental entity takes an action which damages or decreases the value of private property without obtaining ownership of the property through the use of eminent domain. Thus, unlike the typical eminent domain case, the property owner is the plaintiff ...
The idea was broached by a group of West Coast financiers who suggest using the power of eminent domain, which lets the government seize private property for public use. In this case, they would ...
Property can also pass from one person to the state independently of the consent of the property owner through the state's power of eminent domain. Eminent domain refers to the ability of the state to buyout private property from individuals at their will in order to use the property for public use. Eminent domain requires the state to "justly ...
Hawaii Housing Authority v. Midkiff (1985) in which the Supreme Court held that the eminent domain taking of a landlord's land in order to transfer it to lessee-homeowners residing on it in homes owned by them, satisfied the "public use" constitutional requirement. Kelo v. City of New London (2005) Eminent Domain, A Truly Tri-Partisan Issue