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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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Everett District Relents On Eminent Domain Moving Expenses The Daily Herald
The Daily Herald Everett district relents on eminent domain moving expenses The Daily Herald Last year, the board opted out of paying those costs when pursuing eminent domain, a move school officials said was in line with past practice. That was a big win, getting the moving expenses, Bruce Gutschmidt, one of the affected homeowners, said and more raquo

Waverly Council Approves Eminent Domain Authority In Cedar River Parkway Matt...
Waterloo Cedar Falls Courier Waverly council approves eminent domain authority in Cedar River Parkway matter Waterloo Cedar Falls Courier WAVERLY A proposal to put eminent domain on the table in order to keep the Cedar River Parkway project on schedule passed the council Monday night. The Waverly City Council approved the use of eminent domain provided negotiations with property

Tukwila Businesses Want Compensation For Eminent Domain Move KING5.com
KING5.com Tukwila businesses want compensation for eminent domain move KING5.com Tukwila businesses want compensation for eminent domain move. A couple dozen Tukwila businesses are getting kicked out to make way for public safety stations, but business owners fear they39re not going to get compensated to move. Author: Ryan Takeo

Red Lion Council Again Votes For Eminent Domain York Dispatch York Dispatch
York Dispatch Red Lion council again votes for eminent domain York Dispatch York Dispatch The Red Lion Borough Council has again voted in favor of an eminent domain ordinance that would allow the borough to claim a right to part of a couple39s property. Red Lion approves use of eminent domain in land dispute ABC27ABC27 Red Lion votes again to use eminent domain in parking lot dispute FOX43.com all 3 news articles raquo

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Facts of Law about declaring eminent domain

Facts of Law - Eminent Domain