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.
Little Pink House: A True Story of Defiance and Courage by Jeff Benedict Amazon Price: $17.81
Customer Review: This is the first, and may be the only, negative review I give of a book due to its price point. I've been waiting for six months for the Kindle edition price of this book to drop beneath the physical edition price, but it never has been. What spur...
Bulldozed:'Kelo,' Eminent Domain and the American Lust for Land by Carla Main Amazon Price: $19.10
Customer Review: Ordered and received in a timely and responsive manner the following book, "Bulldozed:'Kelo,' Eminent Domain and the American Lust for Land by Carla Main"
No complaints, good service!
Takings: Private Property and the Power of Eminent Domain by Richard Epstein Amazon Price: $29.94
Customer Review: Anyone in politics, law, or interested at all in how you are being stripped of your rights - all quite reasonably or not so reasonably need - need to read this book. A very clear insight.
• Utah Plans To Take US Land Through Eminent Domain BusinessWeek
Utah plans to take US land through eminent domainBusinessWeekUtah lawmakers angry over federal ownership of land in the state approved the use of eminent domain Tuesday to take some of the most Utah Legislature OKs use of eminent domain to take federal land in hopes of CanadianBusiness.comall 16 news articles raquo
• Utah Legislature: Senate Approves Eminent Domain Bills Deseret News
Utah Legislature: Senate approves eminent domain billsDeseret News state on the path to a showdown with federal land agencies, as they approved legislation Tuesday that would use eminent domain to seize federal land. and more raquo
• Menino Threatens Eminent Domain For Downtown Crossing Site WBUR
Boston GlobeMenino Threatens Eminent Domain For Downtown Crossing SiteWBURBOSTON Mayor Thomas M. Menino is considering using eminent domain to take over the stalled Filene39s Basement development property at Downtown Crossing. Taking Filene39s Basement By Eminent DomainBostonistIt39s right to ask if Steven Roth is cheating Downtown CrossingBoston GlobeBuilder: No 39blackmail39 at Filene39sBoston HeraldWCVB TV WBZ News Radio 1030 WHDH TVall 15 news articles raquo
• Eminent Domain Bill Ready For Governor Salt Lake Tribune
Eminent domain bill ready for governorSalt Lake TribuneA bill that aims to encourage negotiation and discourage abuse in eminent domain disputes unanimously cleared the House Tuesday and now
• House Passes Eminent Domain Bill Journal Record Subscription
Journal Record subscriptionHouse passes eminent domain billJournal Record subscriptionOKLAHOMA CITY Government agencies would be forced to declare unused land as surplus and offer to resell the land to the original owner and more raquo
IMPORTANT
NOTICE: This webpage is
Copyrighted content. No portion of this page may be copied
to any other webpage, forum, blog or other domain page or
offline publication without written permission from
FactsOfLaw.com. Violators will be prosecuted to the fullest extent of the law.
The information provided by FactsOfLaw.com does not
constitute legal advice or any other type of advice and is
provided for educational purposes only without warranty of any
kind. FactsOfLaw.com has not reviewed the information on this
page for accuracy and is not responsible for any errors,
omissions or inaccuracies. For legal advice you should
consult a licensed attorney.
