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Facts - Books - News    U.S. Facts Of Law:


Eminent Domain

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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Eminent Domain News
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Downtown Utica Hospital Can Move Forward With Designs, Eminent WRVO Public ...
WRVO Public Media Downtown Utica hospital can move forward with designs, eminent WRVO Public Media Officials with the Mohawk Valley Health System MVHS say they are on schedule to break ground in downtown Utica next year for their new 480 million hospital. MVHS has gotten approval from the state to complete the hospital designs, and now has a Common Council President weighs in on eminent domain WKTV.comWKTV Tenney slams eminent domain for hospital News Uticaod Utica Utica Observer Dispatch all 5 news articles raquo

Eminent Domain: Kelo V. City Of New London And A Pink House Fox News
Fox News Eminent Domain: Kelo v. City of New London and a Pink House Fox News Every Supreme Court decision is important to the parties involved,but only a handful have so much impact, and such a powerful story, that someone makes a movie about it. George F. Will: Case of eminent domain in 39Little Pink House39 speaks truth to powerSalt Lake Tribune Hollywood39s newest action star: The Constitution39s taking clauseWashington Post George Will column: 39Little Pink House39 speaks truth to powerRichmond.com San Francisco Chronicle all 13 news articles raquo

Congresswoman Tenney Disagrees With Local Governmentaposs WKTV
WKTV Congresswoman Tenney disagrees with local government39s WKTV Congresswoman Claudia Tenney is condemning Utica and Oneida County39s use of eminent domain concerning property in the downtown hospital footprint. and more raquo

AposLittle Pink Houseapos Movie On Kelo Amp Eminent Domain National Review ...
National Review 39Little Pink House39 Movie on Kelo amp Eminent Domain National Review National Review Coming soon to a cinema near youyou can make this happen read onis a bite your nails true story thriller featuring heroes, villains, and a history making struggle over the Constitution39s Takings Clause. Next February 24, Little Pink House Will: Movie makes the case to rein in eminent domain39s abusesThe Daily Herald Eminent domain on the big screenCharleston Post Courier Review: Fighting to Save Her 39Little Pink House39New York Times Variety all 10 news articles raquo

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Facts of Law about declaring eminent domain

Facts of Law - Eminent Domain