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Topic: Eminent domain

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In the News (Sat 21 Apr 18)

  Eminent Domain: Being Abused?, Is Seizure Of Private Property Always In Public's Interest? - CBS News
The City of Lakewood, Ohio was trying to use eminent domain to force Jim and Joanne Saleet out of their house in order to make way for expensive condominiums.
Cities across the country have been using eminent domain to force people off their land, so private developers can build more expensive homes and offices that will pay more in property taxes than the buildings they're replacing.
Under eminent domain, the government buys your property, paying you what's determined to be fair market value.
www.cbsnews.com /stories/2003/09/26/60minutes/main575343.shtml   (1933 words)

  NOW. Politics & Economy. The History of Eminent Domain | PBS
In law, eminent domain is the power of the state to appropriate private property for its own use without the owner's consent.
Governments most commonly use the power of eminent domain when the acquisition of real property is necessary for the completion of a public project such as a road, and the owner of the required property is unwilling to negotiate a price for its sale.
Early uses of eminent domain were primarily for public works — large-scale projects such as the utilities of the Tennessee Valley Authority or the grand highway schemes of the years after World War II.
www.pbs.org /now/politics/domain.html   (506 words)

 Eminent Domain 2006 State Legislation
Prohibits the use of eminent domain to confer a benefit on a particular private entity or for a public use that is merely a pretext for conferring a benefit on a particular private entity.
Defines public use for which eminent domain may be exercised to be the possession, occupation and enjoyment of property by the public, public agencies or public utilities; the removal of properties that pose a threat to the public health and safety; or private uses that occupy an incidental area within a public project.
Exceptions include use of eminent domain by public or private utilities, housing authorities or community development agencies to remove blight, private use that is merely incidental to public use, or the acquisition of property by a local government for an industrial park.
www.ncsl.org /programs/natres/emindomainleg06.htm   (2013 words)

 Eminent domain is dead! (Long live eminent domain!) - The Boston Globe
Eminent domain may be a power that people love to hate, but it's also one that communities that are serious about planning are rightly reluctant to restrict-and one that should not have to be used only in poor and minority neighborhoods, where residents usually have the least amount of political influence.
For example, Alabama's, the first to pass, provides that eminent domain can't be used for economic development except ''on a finding of blight in any area covered by any redevelopment plan or urban renewal plan." That means even a fine house in a ''bad" neighborhood may be taken as part of a broader redevelopment project.
Rather than banning eminent domain for economic development, or restricting it to ''bad" neighborhoods, we should focus on reforms that would ensure the communities in which it is so often used have a say in the planning process.
www.boston.com /news/globe/ideas/articles/2006/04/16/eminent_domain_is_dead_long_live_eminent_domain   (1410 words)

 Eminent Domain in Ohio, ALS-1000-00
Eminent domain is the government’s right to acquire private property without the property owner’s consent.
The federal and state constitutions set up a framework for eminent domain: government may take private property only if there is a public use for the property, the owner receives compensation, and the owner has due process – an adequate notice of the taking and an opportunity to be heard.
The Ohio Uniform Eminent Domain Act of 1966, as modified by the New Uniform Act of 1971, is found in Chapter 163 of the Ohio Revised Code (referred to hereafter as "the Uniform Act").
ohioline.osu.edu /als-fact/1000.html   (4237 words)

 Eminent Domain - HUD
Eminent domain is the power of a government body to take private property for public use.
The taking of PHA-owned property under eminent domain is exempt from the requirements of Section 18 of the Housing Act of 1937, as amended, 24 CFR 905, Subpart M, and 24 CFR 970.
The taking of property under eminent domain authority where all parties agree to the taking is sometimes referred to as "friendly taking." The agreement among parties does not negate the need to satisfy HUD requirements regarding eminent domain, nor does it negate the need for compensation to owners of the property in question.
www.hud.gov /offices/pih/centers/sac/eminent   (648 words)

 Castle Coalition: Frequently Asked Questions
Eminent domain is the power of the government to take private property belonging to its citizen's.
Starting in the 1950s, eminent domain became increasingly used for "slum clearance." Once an area was declared to be a slum or blighted, it could be cleared using eminent domain, and the property could often then be transferred to another private party.
As with all opposition to eminent domain, it is better to have a group of people all explaining why the area is not blighted than to have only one.
www.castlecoalition.org /faq   (2036 words)

 CNN.com - Land war goes before Supreme Court - Feb 21, 2005
Under a practice known as eminent domain, a person's property may be condemned and the land converted for a greater "public use." It has traditionally been employed to eliminate slums, or to build highways, schools or other public works.
Eminent domain is a practice indirectly sanctioned by the U.S. Constitution.
Eminent domain power was transferred to the New London Development Corp., a private, nonprofit group of citizens, business owners and community leaders.
www.cnn.com /2005/LAW/02/21/scotus.eminent.domain   (879 words)

 Eminent Domain
Eminent domain refers to the power possessed by the state over all property within the state, specifically its power to appropriate property for a public use.
Some governments appear inclined to exercise eminent domain for the benefit of developers or commercial interests, on the basis that anything that increases the value of a given tract of land is a sufficient public use.
The governmental response to that point is that the law of eminent domain arose from the experience that some property owners are unwilling to negotiate a reasonable sale price, and such unreasonableness should not provide a basis to extort an above-market price or to prevent the completion of a public project.
www.expertlaw.com /library/real_estate/eminent_domain.html   (1089 words)

 Los Angeles Eminent Domain Lawyers — Eminent Domain Attorneys at Sullivan, Workman and Dee
Sullivan, Workman and Dee, LLP, is one of the leading eminent domain law firms in California.
Eminent domain (or condemnation) is the process through which private property is acquired for public use.
To learn more about the eminent domain process and your rights, click here for an on-line copy of our brief, informative brochure: "Property and Business Owners’ Rights and Remedies under the Eminent Domain Law".
www.eminentdomain-law.com /pracAreas/eminentdomainprofessionals/index.html   (295 words)

 Eminent Domain
"Eminent domain," often called "condemnation," is the legal process by which a public body (and certain private bodies, such as utility companies, railroads, redevelopment corporations and some others) are given the legal power to acquire private property for a use that has been declared to be public by constitution, statute or ordinance.
Under the United States and Missouri constitutions, private property may be taken by eminent domain so long as the taking is for a public purpose and the condemnor pays just compensation.
To use the power of eminent domain, the condemnor must be authorized, by statute or ordinance, to take the property for a specific public purpose.
library.findlaw.com /1999/May/25/130971.html   (927 words)

 Eminent Domain! Eminent Domain!
The policy of eminent domain says that the land must be used for a greater public good — is a public school a greater public good than a private school?
Eminent domain was a concept in law that permitted local, state and federal government the right to take land from an individual, normally paying for the property, then building a road or a park.
Under the ruling, anything a government wants is in the realm of public good, so if the county wants your land for a development to increase the tax base, well, have at it and there is absolutely nothing you can do to stop them.
ngeorgia.com /publishersnotes/05dec.html   (740 words)

 Clarence Page
Eminent domain battles between local governments and holdout property owners are nothing new, but the legal landscape has changed.
A new study of 184 eminent domain projects across the country by the Institute for Justice confirms what many have long suspected: Displacement by imminent domain tends to hit the poor, the less well-educated and non-whites.
For example, a study called "Victimizing the Vulnerable: The Demographics of Eminent Domain Abuse" found that 58 percent of the residents threatened with displacement by eminent domain were non-white, although the surrounding municipalities were at average 45 percent non-white.
www.jewishworldreview.com /1007/page100307.php3   (1456 words)

 NOW. Politics & Economy. The Debate over Eminent Domain. Kelo v. New London | PBS
Eminent domain power was transferred to the New London Development Corporation, a private, nonprofit group of citizens, business owners and community leaders.
The homeowners argued that their neighborhood, unlike previous neighborhoods cleared by use of eminent domain, was not "blighted" and redevelopment was not necessarily for the public good.
And, they argued, that eminent domain should not be used to build projects where the primary recipient of income would be private developers, not the city or its citizens.
www.pbs.org /now/politics/domaindebate.html   (1031 words)

 Eminent Domain main page
The National Conference of State Legislatures is tracking state eminent domain legislation and ballot measures in response to the U.S. Supreme Court's decision on June 23, 2005, in the case of Kelo v.
Restricting the use of eminent domain for economic development, enhancing tax revenue or transferring private property to another private entity (or primarily for those purposes).
Placing a moratorium on the use of eminent domain for a specified time period and establishing a task force to study the issue and report findings to the legislature.
www.ncsl.org /programs/natres/EMINDOMAIN.htm   (235 words)

 The Bill of Rights: Eminent Domain
The original purpose of eminent domain was to enable government officials to acquire property to establish places from which to run the government.
Thus, eminent domain supplied government officials with the power to seize a person’s property for that purpose but on the condition that government officials paid the owner for it.
Eminent domain, once limited to public uses like roads or post offices, was unleashed in the service of any well-heeled private party able to persuade the local government to see things its way.
www.fff.org /freedom/fd0412a.asp   (1667 words)

 Los Angeles Superior Court - Court Rules
Eminent domain and inverse condemnation matters may be filed in the Central District irrespective of property location within Los Angeles County, or may be filed in a District, other than the Central District, where the property is located.
In order properly to control the calendaring of eminent domain cases for pretrial conferences and for trial, the court must insist upon compliance with the provisions of these rules, unless, in the exercise of the court's discretion, and for good cause, such compliance is waived in any particular case.
Eminent domain cases are given pretrial and trial priority in accordance with Code of Civil Procedure section 1260.010 without causing an adverse effect on the calendaring of other civil cases.
www.lasuperiorcourt.org /courtrules/Chapter16.htm   (4460 words)

 Eminent Domain
The use of eminent domain is a contentious issue due in large part to the vagueness of the language in which the clause is written in the Fifth Amendment of the Constitution.
When the meaning of the term “eminent domain” is explained, it often goes something like this: If a town, city, or state wants to build something like a road, but the proposed road goes through someone’s property, the government can take the property as long as it compensates the landowner.
People have fought the use of eminent domain on the grounds that the taking will not be for public use or benefit the greatest number of people; however, these cases are difficult to win.
www.usm.maine.edu /~lsavage/UrbanGeographyProjects/EminentDomain/Index.htm   (355 words)

 NCBG: TIFs: Eminent Domain
“Eminent Domain” is the power of a government to force private property owners to sell their land for a “public purpose.” Eminent domain exists outside of TIF districts as well, but the TIF law gives cities such as Chicago more leeway to acquire land.
In short, the TIF law expands what is considered a “public purpose.” Before, cities would use eminent domain to buy up the land they need to build a highway, a public transit line, a new school, a park, or other facilities that are clearly “public” in nature.
Whether or not the City goes through with the eminent domain process depends on a number of factors, including whether there is money in the TIF to buy the land and whether it has located a developer who wants the property.
www.ncbg.org /tifs/em_domain.htm   (1074 words)

 Justices Affirm Property Seizures
The 5 to 4 ruling provided the strong affirmation that state and local governments had sought for their increasing use of eminent domain for urban revitalization, especially in the Northeast, where many city centers have decayed and the suburban land supply is dwindling.
According to the institute, the New London plan, which the City Council approved in 2000, is typical of "eminent domain abuse," which has spawned more than 10,000 threatened or filed condemnations involving a transfer of property from one private party to another in 41 states between 1998 and 2002.
Scott Bullock, a lawyer for the institute, said that the only recourse for property owners facing condemnation under eminent domain would be to sue in state court based on the property rights provisions of each state's constitution.
www.washingtonpost.com /wp-dyn/content/article/2005/06/23/AR2005062300783_pf.html   (888 words)

 FindLaw: U.S. Constitution: Fifth Amendment: Annotations pg. 14 of 16
It requires no constitutional recognition; it is an attribute of sovereignty.'' 161 In the early years of the nation the federal power of eminent domain lay dormant, 162 and it was not until 1876 that its existence was recognized by the Supreme Court.
The federal power of eminent domain is, of course, limited by the grants of power in the Constitution, so that property may only be taken for the effectuation of a granted power, 164 but once this is conceded the ambit of national powers is so wide- ranging that vast numbers of objects may be effected.
''For the power of eminent domain is merely the means to the end.'' 183 Traditionally, eminent domain has been utilized to facilitate transportation, the supplying of water, and the like, 184 but the use of the power to establish public parks, to preserve places of historic interest, and to promote beautification has substantial precedent.
caselaw.lp.findlaw.com /data/constitution/amendment05/14.html   (2034 words)

 USATODAY.com - States review eminent domain   (Site not responding. Last check: )
Lawmakers are responding to a Supreme Court ruling in June that permitted eminent domain powers to be used in New London, Conn., to confiscate waterfront homes to build an office complex and condominiums.
Bills to restrict eminent domain have moved forward in Georgia, Virginia, Indiana, Kentucky and several other states, but none has become law yet.
Eminent domain is the power of government to take private property for "public use" if the owner is fairly compensated.
www.usatoday.com /news/nation/2006-02-19-eminentdomain_x.htm   (577 words)

 Eminent Domain
Requiring any eminent domain use for the purposes of economic development or urban renewal be subject to the minimum standard of the blight definition.
On July 13, 2006, the Eminent Domain Task Force reconvened to discuss the usage of eminent domain in economic development and blight related cases.
All public agencies with eminent domain powers should be required to allow public input before exercising those powers.
www.morpc.org /web/publicpolicy/legislativetoolkit/EminentDomain.htm   (1331 words)

 Missouri Task Force on Eminent Domain
Study the use of eminent domain, especially when the proposed public use of the property being acquired by eminent domain is not directly owned or primarily used by the general public.
Develop a definition of "public use" that allows state and local governments to use eminent domain when there is a clear and direct public purpose while at the same time ensuring that individual property rights are preserved.
Develop criteria to be applied by state and local governments when the use of eminent domain is being proposed.
www.mo.gov /mo/eminentdomain/index.htm   (171 words)

 New Jersey Department of the Public Advocate | Eminent Domain
The Public Advocate and his staff have conducted careful and thorough research, meeting with experts and interest groups on all sides of this issue, studying the laws and their history, and talking to citizens impacted by the use of eminent domain for private redevelopment.
The Department’s research has left no doubt that the laws governing the use of eminent domain for private redevelopment in New Jersey must be reformed.  On May 18, the Department of the Public advocate issued a report to the Governor and the public outlining its reform recommendations.
A report from the Department of the Public Advocate on reforming the use of eminent domain for private redevelopment in New Jersey.
www.state.nj.us /publicadvocate/issues/060511_eminent.html   (226 words)

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