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 ?
California courts have applied inverse condemnation in previous fires including the Butte wildfire.
California is one of the only states in the country where the courts have applied inverse condemnation liability to events caused by a privately owned utilitys equipment.
Landowners who feel the government took property from them without paying can file a special lawsuit known as an inverse condemnation.
In November 2012, the Nortons brought an inverse condemnation action against the City of Hickman.
Ashton is a senior associate at de Beaubien, Knight, Simmons, Mantzaris & Neal, and her practice includes all areas of real estate litigation, including eminent domain proceedings, inverse condemnation, code enforcement matters, title claims and HOA and condominium association litigation.
In the Crigger case referenced above, the Criggers filed an action for inverse condemnation against FPC alleging that FPC had appropriated and was using a 100-foot right of way across their land without their permission or payment of any consideration to them.
She also has extensive experience defending client cities in lawsuits alleging inverse condemnation, nuisance and tort claims arising out of landslides.
compensation through a state inverse condemnation statute, she will
He may either seek redress in the condemnation proceeding, as instituted by the state, or he may initiate an inverse condemnation action.
are prerequisite for a nonresident alien to have standing when extraterritorial property is taken; and, if that is done [3] whether Plaintiff can bring a claim in federal court for inverse condemnation.
Due to the fire losses sustained in 2007 and an increasing awareness of inverse condemnation, reinsurers in 2009 have either refused to provide wildfire liability insurance or have severely limited the amount offered," Sempra Energy's risk manager Maury De Bont stated in testimony in front of the CPUC in August.
It threatens to transform the remedy for inverse condemnation actions from routine damages for reductions in property value to injunctions prohibiting the government from acting at all.

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