Definitions for "Eminent Domain"
Related Terms:
Condemnation, Expropriation, Taking, Dedication, Inverse condemnation, Just compensation, Partial taking, Public property, Private property, Police power, Possessory interest, Regulatory taking, Confiscation, Department of real estate, Easements, Usufruct, Purchase of development rights, Fee simple estate, Property rights, Notorious possession, Owner occupied, Incorporeal rights, Cc&r, Property, Bundle of rights, Development rights, Fee simple, Servitude, Easement, Quasi-community property, Freehold, Enfranchisement, Abandonment, Ownership, Fee simple absolute, Conservation easement, Interest, Public trust doctrine, Appurtenance, Negative easement, Freeholder, Adverse possession, Easement rights, Public domain, Preservation easement, Fee simple ownership, Owner, Tenure, Grantor, Compulsory purchase order
Eminent Domain refers to the right one government has to seize private property...
A right of the government or a public utility to acquire private property for necessary public use by condemnation in return for just compensation. See also CONDEMNATION.
The power of the government to take private property for a public purpose. The government is afforded this power by the Fifth Amendment to the United States Constitution which allows the government to take private property if the taking is for a public use and the owner is compensated for his or her loss.
The right reserved by government to take by expropriation private property for public benefit provided it pays just compensation therefore.
The right to expropriate for the common good.
The right of the government or a public utility to acquire property for necessary public use by condemnation; the owner must be fairly compensated.
The sovereign power to take property for a necessary public use, with reasonable compensation.
the right and power of government to condemn private property for public use if just compensation is paid the property owner.
The right of government or quasi-government agencies to take private property for a necessary public use, with just compensation paid to the owner.
The right of a government to seize private property for public use, in exchange for payment of fair market value. see also condemnation.
Government power to take property for public purpose on payment of just compensation. See condemnation.
A government action that takes private land through a court action called condemnation. The court determines whether the use is a public one and what the compensation paid to the owner should be.
The right of a government to acquire private property for public use or benefit upon payment of just compensation. The term “condemnation” is often used interchangeably with eminent domain but may also apply to the demolition by public authority of a dangerous structure where no compensation is paid and the condemned property is not acquired by the government.
Government's constitutional power to take or condemn private property for public use, as long as the owner is fairly compensated.
Fifth Amendment requirement that government compensates owners appropriately when taking private property for public use.
The confiscation of the company's property by the government to redeem debt.
The right of a federal, state or local government or public corporation, utility or service corporation to acquire private property for public use through a court action called condemnation, in which the court determines whether the use is a necessary one and what the compensation to the owner should be.
The lawful power to take private property for public use by the process of condemnation.
World right to delete properties of other citizens and in non-registry worlds also change an object's owner
Process of governmental entity taking title to private property for public purposes.
Authority of the Redevelopment Agency to acquire property for the public purposes set forth in the Community Redevelopment Law.
this refers to the US government's right to take private land and designate it for public use. Private landowners are usually compensated, or paid back in some way, if they have to give up their land under eminent domain.
a right of a government to take private property for public use by authority of the superior dominion of the sovereign power over all lands within its jurisdiction.
The authority of the state or sovereign to take private property for public use. Eminent domain is an inherent attribute of sovereignty. The individual property owner's consent to the taking is immaterial. The Fifth Amendment to the U.S. Constitution requires that just compensation be made whenever private property is taken for public use.
The right of the government to aquire property for necessary public or quasi-public use by condition; the owner must be fairly compensated and the right of the private citizen to get paid is spelled out in the 5th Amendment to the United States Constitution.
the expression identifying the state’s position as having ultimate, sovereign power over the land. The term is used in some jurisdictions to describe the power held by the state to acquire land by expropriation or compulsory acquisition.
The right of state or federal governments, agencies of governments, or companies designated by governments, to take private property for a necessary public purpose with just compensation paid to the owner.
The right of a governmental body to acquire private property for public use upon paying just compensation (fair market value) through the legal process of condemnation.
The right of a government entity to take (condemn) property with just compensation for the public good.
The power of the government to take private land for public use with payment of just compensation to the owner.
the power of government to acquire private property for public use for which the owner must receive just compensation. Redevelopment authorities, state universities, and special districts may also be empowered with eminent domain to acquire parcels of land for economic development uses, infrastructures, and other uses deemed in the public interest.
The legal process for a government entity to forcibly take ownership of private property for public use.
The power of a government body to condemn and use private property for public use after paying the property owner; sometimes used as a last resort by power companies constructing power lines.
The right of the government to take over private property for public use, with monetary compensation to be made to the owner.
The right of a government to take privately owned property for public purposes under condemnation proceedings subject to payment of its fair market value.
Authority of the Agency to acquire property at fair market value for public purposes (not to be confused with meaning public buildings and improvements only). Also know as condemnation.
Right of government or public utility to acquire property for necessary use, with proper compensation to the property owner.
The right of the government to acquire property for necessary public or quasi-public use by condemnation; the owner must be fairly compensated. The right of the government to do this and the right of the private citizen to get paid is spelled out in the Fifth Amendment to the U.S. Constitution.
The right of a government to take private property for public use. The owner of the private property must be compensated. (Back to Terms list)
The right of a government to appropriate private property for a public use by making reasonable payment to the owner of such property.
The right of a government to take over ownership of private property for public use with just compensation to the owner.... read full article
The power of the City to acquire private land without the consent of the owner. The City is required, however, to pay the land owner the fair market value of the property and abide by other restrictions. (See the NCBG fact sheet, "Land Acquisition and Eminent Domain," p 26.)
the authority to acquire land from a private owner for the benefit of public use.
The power of the government to take private property for public use in return for fair compensation. This power is exercised through condemnation.
The power of the state to take private property for public use upon payment of just compensation
A right or power of a government body to take property for a public purpose upon payment of just compensation.
The government act of converting privately owned land into public land, subject to reasonable compensation.
The taking of property, as allowed under the U.S. Constitution, for the public good and upon payment of just compensation.
The right of the people or government to take private property for public use upon payment of compensation.
The governmentâ€(tm)s right to use private property upon payment of its market value; also the basis for condemnation proceedings.
Congress has established that natural gas certificates and hydropower licenses issued by FERC also convey the power of eminent domain. Eminent domain is used as a last resort if a landowner and the project proponent cannot reach agreement on compensation for use or purchase of property required for the project. The project proponent is still required to compensate the landowner for the use or purchase of the property, and for any damages incurred during construction. However, the level of compensation would be determined by a court according to state law. Note: The link below is to an external website; you will be leaving FERC's site.
The right of government bodies, public utilities and public service corporations to take private property for public use (e.g., schools and roads) upon payment of its fair market value.
A power of the state, municipalities, and private persons or corporations authorized to exercise functions of public character to acquire private property for public use by condemnation, in return for just compensation. See also “ Condemnation”.
The right of a government to take ownership of private property, in exchange for payment of its fair market value.
The right of a body of government (often a state) to expropriate private property, while paying appropriate compensation to the owner.
The power to take private property for public use by the state and municipalities.
right of the state or any of its instrumentalities to take private property for public use upon payment of just compensation.
The power or right of the nation or state to take private property for public use, usually with reasonable compensation to the owner.
A Government right to acquire private property for public use by condemnation, and the payment of just compensation.
"n. the power of a governmental entity (federal, state, county or city government, school district, hospital district or other agencies) to take private real estate for public use, with or without the permission of the owner. The Fifth Amendment to the Constitution provides that "private property [may not] be taken for public use without just compensation." The Fourteenth Amendment added the requirement of just compensation to state and local government takings. The usual process includes passage of a resolution by the acquiring agency to take the property (condemnation), including a declaration of public need, followed by an appraisal, an offer, and then negotiation. If the owner is not satisfied, he/she may sue the governmental agency for a court's determination of just compensation. The government, however, becomes owner while a trial is pending if the amount of the offer is deposited in a trust account. Public uses include schools, streets and highways, parks, airports, dams, reservoirs, redevelopment, public housing, hospitals and public buildings. See also: condemn condemnation "
The governments ability to take over property (condemnation) for public use with compensation to the property owner.
The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the United States Constitution allows the government to take private property if the taking is for a public use and the owner is "justly compensated" (usually, paid fair market value) for his or her loss. A public use is virtually anything that is sanctioned by a federal or state legislative body, but such uses may include roads, parks, reservoirs, schools, hospitals or other public buildings. Sometimes called condemnation, taking or expropriation.
Power of the government to take private property for public use, after paying the owner reasonable compensation. See condemnation.
The government's authoritative right to seize privately owned property and turn it into a public use area. However, as part of this action, the government must offer 'just compensation,' property's market value, to the owner.
The government's sovereign power of condemnation over private property for the benefit of the community; an example of police power.
Regulatory measure by government to obtain land
The legal right of government to take private property for public use, provided the owner is offered just compensation for the taking of property.
The power to take private property for a public purpose upon payment of just compensation.
The legal process whereby a government can take ownership of a piece of property in order to convert it to public use. Often, the property owner is paid fair-market value for the property.
A governmental right to acquire private property for public use provided the owner is properly compensated. A number of court cases exist which attempt to define acquisition of real property and compensation.
The right of governmental bodies, public utilities and public service corporations to take private property for public use (e.g., schools, roads, sewer, power line towers) on payment of its fair market value.
The right of a government to take private property for public use; for example, taking private land to build a highway.
The right of a government to take privately owned property for public purposes under condemnation proceedings upon payment of its reasonable value. See Condemnation.
The right of the state to take private property for public use and provide fair compensation to the owner.
The government's right to condemn private land for public use, such as the routing of a public highway.
The right of a government authority to take private property for public use and paying fair compensation to the owner.
The concept of the power of certain governmental entities to acquire, for public use, privately owned real estate, by means of legal processes and adjudicated compensation to the private owner.
Right of government acting in the public interest to take private property with just compensation.
The right or power of a government to take private land for public use.
The right of the government to take private property for public use, through court action known as condemnation. The Fifth Amendment to the United States Constitution provides that the government may take private property only if the owner is given "just compensation" (usually fair market value) for his or her loss.
The right of the government and certain others, such as public utilities, to acquire property for public or quasi-public use by condemnation, upon payment of just compensation to the owner. The constitutional or inherent right of a government to take private property for public good upon the payment of just compensation. Back to the Top
The government right to take private property for public use depended on the payment of its fair market value.
A legal power granted to the government and found in the Fifth Amendment. It provides that the government (federal, state or local) has the power to take private property for public use; and that upon exercise of that right, the landowner must be given adequate compensation.
The right of public agencies to take land for public use. Back
The right of the government to seize one's land for the "good of the public” Ex. The right for the government to take the front ten feet of a person's yard to widen a road, or the right to take a person's entire property to build a shopping center. Must be done through the process of Condemnation.
The right of a government to take private property for public use upon payment of fair compensation to the owner. Eminent domain is the basis for condemnation proceedings.
Power of the state to take private property for public use, providing the state make reasonable compensation for the property.
The right of government to take private property for public use upon the payment of just compensation. The Fifth Amendment of the U.S. Constitution, also known as "the takings clause," guarantees payment of just compensation upon appropriation of private property.
governmental power to take private property for public use. The Fifth Amendment to the US Constitution requires the government to pay "just compensation" to anyone from whom it takes private property under eminent domain.
the right of a government unity to take private property for public use, with appropriate compensation to the owner.
the power of the state to take private property for public use with payment of compensation to the owner.
The government's right to condemn and acquire property for public use. The government must provide the owner fair compensation.
The right of a government to obtain ownership of private property for public use such as a street or park; compensation is made to the owner.
The power of government to take private property for public use. Proper exercise of the power required the payment of just compensation to the persons whose property is taken. Condemnation is the court process of exercising eminent domain.
The power of the state government to take the private property and make it for public purpose against any objections of the owner of the property.
The power of a government to acquire private property for public purposes. It is frequently used to obtain real property that cannot be purchased from owners in a voluntary transaction. Where the power of eminent domain is exercised, owners are compensated by the state in an amount determined by the courts.
The right of a government or municipal quasi-public body to acquire property for public use through a court action called condemnation, in which the court decides that the use is a public use and determines the compensation to be paid to the owner.
The right of the government to acquire private property for public use by condemnation. The owner must be compensated fully.
A power to acquire by condemnation private property for public use in return for just compensation.
The right of a government to take private property for public use upon payment of its fair market value. Eminent domain is the basis for condemnation proceedings.
The right of government to take private property for public use, through court action known as condemnation. The Fifth Amendment to the United States Constitution allows the government to take private property if the taking is for a public use and the owner is "justly compensated" (usually, paid fair market value) for his or her loss. A public use is virtually anything that is sanctioned by a federal or state legislative body, but such uses may include roads, parks, reservoirs, schools, hospitals or other public buildings. Sometimes called expropriation. enclave community
The government power to take private property for the public good. The owner must be given just compensation for the property.
The constitutional right given to a unit of government to take private property involuntarily if taken for public use and a fair price is paid to the owner.
The right of the government to take over private property for public purposes upon payment of its fair market value
Right of the government to condemn private land for public use, as long as fair compensation is paid.
The constitutional right of a government to take private property for public use in exchange for "just compensation."
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The right of the government, both state and federal, to take private property for a necessary public use, with just compensation paid to the owner. Through eminent domain, the state may acquire land (either fee, leasehold, or easement) for streets, parks, public buildings, public rights-of-way, and the like. The state may delegate the power of eminent domain to local governments and to public corporations and associations such as school districts. No private property is exempt from this exercise of government power.
The right of the government to appropriate private property for public use, usually with compensation to the owner.
USA: The legal power to expropriate private land for the sake of public necessity.
Eminent domain (U.S.), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption (Australia) or expropriation (Canada, South Africa) in common law legal systems is the inherent power of the state to expropriate private property, or rights in private property, without the owner's consent, either for its own use or by delegation of the taking power to third parties who will devote it to "public uses", the most common examples being public utilities or railroads.
Employee Retirement Income Security Act Of 1974 (ERISA)