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eminent domain
(redirected from Takings law)

   Also found in: Legal, Financial, Encyclopedia, Wikipedia 0.01 sec.
eminent domain
n.
The right of a government to appropriate private property for public use, usually with compensation to the owner.

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
ThesaurusLegend:  Synonyms Related Words Antonyms
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"


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After an exhaustive discussion of takings law, impact fees, and exactions, the authors conclude that local governments should not adopt mandatory inclusionary zoning ordinances.
As a result, it makes little sense to argue that compensation statutes are consistent with Smart Growth programs, or that compensation statutes are justified because Smart Growth programs have "gone too far," simply because "[v]oters were frustrated by the ever-expanding regulatory system, the courts' incoherent takings law, and thwarted attempts .
130) One author has suggested that partial regulatory takings laws decrease regulatory action in Florida (as they did in Arizona under that state's previous private property protection legislation) when "development pressures are strong" and administrative agencies have the power to pass regulations that may substantially diminish property values?
 
 
 
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