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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• Official Calls For Eminent Domain The Daily News Of Newburyport
Official calls for eminent domainThe Daily News of NewburyportquotI have asked our legislators to look into the possibly of the state taking the Finneral property at 25 Ocean Front South by eminent domain,quot Harrington
• Jury Awards Maryland Heights Property Owner 1.8 Million In Eminent Domain KSDK
Jury awards Maryland Heights property owner 1.8 million in eminent domain KSDKPlans had been in the works for years to build a new Drury on the property, but Heitz says that goal was taken away thanks to eminent domain. and more raquo
• Homeowners Decry IPS Eminent Domain Threat WRTV Indianapolis
Homeowners Decry IPS Eminent Domain ThreatWRTV IndianapolisINDIANAPOLIS The Indianapolis Public Schools Board voted Tuesday night to use eminent domain, if necessary, to acquire seven homes on Indianapolis39 east IPS authorized to condemn houses near School 58Indianapolis Starall 6 news articles raquo
• Eminent Domain Sought To Spur Work Boston Business Journal Blog
Eminent domain sought to spur workBoston Business Journal blogSalisbury39s town manager has asked the Legislature to look into taking a beachfront parcel by eminent domain in hopes of spurring redevelopment of the area,
• Council Gives Boost To Landis Developer Vineland Daily Journal
Council gives boost to Landis developerVineland Daily JournalAnd in June, the city amended the quotFour Cornerquot redevelopment agreement to say it will use eminent domain to obtain any properties needed for the project if and more raquo
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