eminent domain

(redirected from Condemnation action)
Also found in: Thesaurus, Legal, Financial, Encyclopedia.
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 ?
The Richardsons, who owned beachfront property, did not grant the requested easement rights so the Town filed a condemnation action. The trial court granted the easement and continued all other hearings, including as to damages, until after the nourishment project was completed.
Tenders are invited for provide a blight study of the blight study area in anticipation of a possible condemnation action. the consultant will prepare and present to the authoritya final, written report of its findings and recommendations.
Under Connecticut's new law, the New London homeowners would still be on the losing side of a condemnation action.
He may either seek redress in the condemnation proceeding, as instituted by the state, or he may initiate an inverse condemnation action. (38) When the state has actually instituted expropriation proceedings against the landowner, he will simply have to allege that the valuation of the property should include condemnation blight damages.
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. (5) One requirement of "good faith negotiation" is that the condemnor must make an offer to purchase the land at a price no lower than the land's value, as established either by an appraisal or through "an explanation with supporting financial data." (6) Where the condemnor uses an appraisal to establish the value of the land, that appraisal must have been "made by a state-licensed or state-certified appraiser using generally accepted appraisal practices." (7)
The Smiths did not accept Arkansas Midstream's offer, and the company filed a condemnation action on Jan.
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." (9) Those named as defendants may be referred to as "condemnees."
"Defendant next contends that plaintiff's claim should be characterized not as negligence but as a continuing and permanent trespass and nuisance, and therefore as an inverse condemnation action within N.C.G.S.
Yet, in a condemnation action, he cannot recover the costs of relocating his business."