eminent domain

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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 ?
Generally speaking, I think it's easy to say the government will win," said New York University law professor Richard Epstein, who has been called the nation's leading academic expert on eminent domain and takings law.
My particular edge concerns real property: specifically, the right of property owners to make productive use of their land without undue government interference--or, to put it in the vernacular, takings law.
Regulatory takings law in its present form is ill-equipped
Today, when most people think of takings law, they instinctively turn to the now-infamous 2005 decision in Kelo v.
After an exhaustive discussion of takings law, impact fees, and exactions, the authors conclude that local governments should not adopt mandatory inclusionary zoning ordinances.
While the United States and China have reached similar solutions to takings law questions, close study of the evolution of this law in each country suggests that these solutions, while startlingly similar, are based on different ideological principles and address radically different problems.
Lambert, "Takings and Judicial Deference: Takings Law After the 2004-05 Supreme Court Term," The Appraisal Journal (Fall 2005): 348-362.
This paper explores the development of temporary regulatory takings law, the Supreme Court's latest temporary takings opinion--Tahoe-Sierra Preservation Council v.
6) On initial inspection, therefore, Lingle simply ties up one relatively small loose end in takings law.
Like those in other cities and counties around the state, Eugene officials went into a sweat after the takings law was approved by voters - not only creating a huge financial liability but undermining the authority of governments to enforce land use laws.
It examines the range of land development issues and takings law as well as analysis of case law.