eminent domain

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Related to Condemnation action: Right of eminent domain

eminent domain

n.
The power of a government to take private property for public use without the owner's consent, provided just compensation is given.

eminent domain

n
(Law) law the right of a state to confiscate private property for public use, payment usually being made to the owners in compensation

em′inent domain′


n.
the power of the state to take private property for public use with payment of compensation to the owner.
[1730–40]
ThesaurusAntonymsRelated WordsSynonymsLegend:
Noun1.eminent domain - the right of the state to take private property for public use; the Fifth Amendment that was added to the Constitution of the United States requires that just compensation be made
legal right - a right based in law
law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
References in periodicals archive ?
After the new bridge and park were built, Bay Point brought an inverse condemnation action against MTC, arguing that once the bridge was destroyed, either the easement on the entire property terminated or at least the portion of the easement used to build the park terminated because a park was not for "highway purposes.
Tenders are invited for provide a blight study of the blight study area in anticipation of a possible condemnation action.
Under Connecticut's new law, the New London homeowners would still be on the losing side of a condemnation action.
However, when the state has not instituted an action, the landowner must file an inverse condemnation action and prove a de facto taking in order to be compensated for condemnation blight.
eminent domain condemnation action, and a hearing on whether the taking
While the court's first justification for applying heightened scrutiny was that the denial of a CUP plainly triggered RLUIPA's core zoning provision, (33) the district judge also indicated (in dicta) that even if only the condemnation action had been at issue, the Act's definition of "land use regulation" should have been read to include Cypress's exercise of eminent domain as part of its larger redevelopment plan for the area.
4) This act created new protections for landowners, including a requirement that the would-be condemnor must attempt to purchase the land from the would-be condemnee engaging in "good faith negotiation" before filing a condemnation action.
The Smiths did not accept Arkansas Midstream's offer, and the company filed a condemnation action on Jan.
The Agency, when it files the condemnation action or later, may seek an order of possession so it can gain possession of the property while the litigation proceeds concerning the value of the property," the document says.
In November 2004, voters elected a new council that ended the condemnation action in April 2004.
The authority exercising the power of eminent domain is referred to as the "condemning authority"8 and, once a condemnation action has been filed, the "petitioner.
Under Michigan law, upon filing a condemnation action the governmental agency is required to tender a check equal to the agency's own good faith estimate of just compensation.