Eminent domain occurs when the State or federal government appropriates real estate from a private owner without the owner's consent.  The owner is usually compensated for the loss of the property at a rate that the government determines is a just and fair value.

Normally, eminent domain is used to acquire right of way for a new road or some other public use.  It may also be used by a municipality to exercise planning and development.  In the latter case, an area might be designated as "blighted" and condemned.  The municipality may then raze the structures provide the land to a third party for development.

 The U.S. Supreme Court has upheld the right of municipalities to use eminent domain even if the intent is to provide the property to a third party.  Municipalities have even put business men and women out of business and moved people from their homes against their wishes in order to provide their property to another business entity for development.  This has been done, some say, to improve the community.  Others say this should be an unconstitutional seizure of property.

Government use of eminent domain is not limited to real property.  It may be applied to the value of a contract.  Condemnation of a franchise agreement is sometimes used by a city to displace a franchise.

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Newsfeed display by CaRP

Eminent Domain News
GN News

• Fine Print Could Sink Eminent Domain Bills The Free LanceStar
The Free Lance StarFine print could sink eminent domain billsThe Free Lance StarBY CHELYEN DAVIS Legislation to limit governments39 authority to use eminent domain to take private property could be running into snags in the General Assembly. A constitutional amendment to bar use of eminent domain to take land for economic Eminent domain legislation clears hurdleAugusta Free PressVirginia legislators consider eminent domain constitutional amendmentBluefield Daily TelegraphProposed Constitutional Amendment on Eminent Domain: Cons and ProsJD Supra press releaseall 4 news articles raquo
• Landowners Fight Eminent Domain In Pa. Gas Field Fox News
Landowners fight eminent domain in Pa. gas fieldFox NewsA pipeline operator assured federal regulators it would minimize using eminent domain against private landowners if given approval to lay a 39 mile natural gas pipeline in northern Pennsylvania39s pristine Endless Mountains. Yet the company was readying and more raquo
• Sewer Services Land Deal Eyed Sale, If OKaposd, To Be Made Using Eminent Doma...
Sewer services land deal eyed sale, if OK39d, to be made using eminent domainRecord SearchlightBy Sean Longoria The City Council on Tuesday will consider using eminent domain to allow a developer to acquire about 5600 square feet of land needed for a sewer easement for a southwest Redding subdivision. The land is necessary to provide sewer and more raquo
• State Lawmaker Proposes New Limits On Eminent Domain Use Fairfaxtimes.com
State lawmaker proposes new limits on eminent domain useFairfaxtimes.comby holly hobbs, Staff Writer Northern Virginia business groups are taking a hard line against a proposed constitutional change that would further limit the use of eminent domain in the state. Eminent domain allows governments federal, state or local Virginia growers continue push for eminent domain reformSoutheast Farm PressExaminer Local Editorial: Virginia seeks to right eminent domain wrongsWashington ExaminerSay 39yes39 to property rights amendmentWashington Timesall 6 news articles raquo
• City Still Looking To Fund Field Wheeling Intelligencer
City Still Looking to Fund FieldWheeling IntelligencerOfficials believe the sports field will be ready by the end of this year now that Ohio County Circuit Judge Arthur Recht has ruled the city can use eminent domain to acquire three of the four remaining non city owned structures.and more raquo