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Difference between revisions of "Eminent domain"

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::''See also: [[Bill of Rights, United States Constitution#Amendment V|Fifth Amendment]] and [[United States Constitution]]''
 
::''See also: [[Bill of Rights, United States Constitution#Amendment V|Fifth Amendment]] and [[United States Constitution]]''
  
The [[Bill of Rights, United States Constitution#Amendment V|Fifth Amendment]] to the [[United States Constitution]] includes a provision which reads "nor shall private property be taken for public use, without just compensation."<ref>[http://www.archives.gov/exhibits/charters/constitution.html ''Archives.gov'', "Constitution of the United States," accessed April 30, 2014]</ref>
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The [[Bill of Rights, United States Constitution#Amendment V|Fifth Amendment]] to the [[United States Constitution]] includes a provision which reads "nor shall private property be taken for public use, without just compensation."<ref>[http://www.archives.gov/exhibits/charters/constitution.html ''Archives.gov'', "Constitution of the United States," accessed April 30, 2014]</ref> Summarily, it is the right of government to exercise eminent domain so long as all stipulations have been met and in good faith.
  
 
==Process==
 
==Process==
The process of eminent domain generally varies among states and jurisdictions. Generally, the government must negotiate with the owner of the private property property a reasonable fair market value. If the owner of the private property does not wish to settle with the government and the government still wishes to purchase the property then the government will either: (1) file with the court an action to exercise their right of eminent domain or (2) post notice of the hearing, which is required by law. During the hearing, the government must prove that this private property will be for public use. If proven successfully, fair market value of the private property will be determined through further proceedings. Finally, any payment to the owner must be used to any debt the owners hold on the private property. The remainder of the payment would then go to the owner and the government would receive the title of the property in question.<ref name="el">[http://www.expertlaw.com/library/real_estate/eminent_domain.html ''Expert Law'', "Eminent Domain", accessed March 30, 2014]</ref><ref name="bier">[http://www.condemnation-law.com/eminent-domain ''Biersdorf & Associates'', "Eminent domain," accessed April 29, 2014]</ref>
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The process of eminent domain generally varies among states and jurisdictions. Generally, first the government must negotiate with the owner of the private property property a reasonable fair market value for the property in question. If the owner of the private property does not wish to settle with the government and the government still wishes to exercise its right of eminent domain for the property, then the government must file a proceeding with the court to exercise their right of eminent domain. During the proceedings, the government must prove that this private property will be for public use. If proven successfully, fair market value of the private property will be determined through further proceedings. Finally, any payment to the owner must be used to any debt the owners hold on the private property. The remainder of the payment would then go to the owner and the government would receive the title of the property in question.<ref name="el">[http://www.expertlaw.com/library/real_estate/eminent_domain.html ''Expert Law'', "Eminent Domain", accessed March 30, 2014]</ref><ref name="bier">[http://www.condemnation-law.com/eminent-domain ''Biersdorf & Associates'', "Eminent domain," accessed April 29, 2014]</ref> Importantly, if the government does not prove their case that this private property will be for public use or if the private property owner has issue with the outcome or payment, both sides are able to appeal the decision rendered by the court.<ref name="el"/>
 
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Importantly, if the government does not prove their case that this private property will be for public use or if the private property owner has issue with the outcome or payment, both sides are able to appeal the decision rendered by the court.<ref name="el"/>
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==Court decisions==
 
==Court decisions==

Revision as of 14:31, 30 April 2014

Eminent domain is the prerogative of a government to take private property, such as land, without the owners consent for public use with payment of reasonable compensation.[1][2] Reasonable compensation is defined in terms of fair market value of the property.[3][2] The government may exercise its right to eminent domain if the owner of the private property do not wish to sell it to the government.[4]

Common uses of eminent domain are for generally for the building of infrastructure, such as railroads, highways or other public works or development projects.[3]

United States Constitution

See also: Fifth Amendment and United States Constitution

The Fifth Amendment to the United States Constitution includes a provision which reads "nor shall private property be taken for public use, without just compensation."[5] Summarily, it is the right of government to exercise eminent domain so long as all stipulations have been met and in good faith.

Process

The process of eminent domain generally varies among states and jurisdictions. Generally, first the government must negotiate with the owner of the private property property a reasonable fair market value for the property in question. If the owner of the private property does not wish to settle with the government and the government still wishes to exercise its right of eminent domain for the property, then the government must file a proceeding with the court to exercise their right of eminent domain. During the proceedings, the government must prove that this private property will be for public use. If proven successfully, fair market value of the private property will be determined through further proceedings. Finally, any payment to the owner must be used to any debt the owners hold on the private property. The remainder of the payment would then go to the owner and the government would receive the title of the property in question.[6][7] Importantly, if the government does not prove their case that this private property will be for public use or if the private property owner has issue with the outcome or payment, both sides are able to appeal the decision rendered by the court.[6]

Court decisions

See also: Kelo v. City of New London

Recent court case decisions have rendered new uses of eminent domain towards accepting projects for not only public use but for public benefit. In the 2004 case, Kelo v. City of New London, the Supreme Court of the United States set a precedent in the use of eminent domain and for property to be transferred to a private owner, not the government, for economic development purposes. The Supreme Court's decision cites that an economic development project "create jobs, increases tax and other city revenues and revitalizes a depressed or blighted area it qualifies as a public use."[8] With this decision, numerous states have passed specific legislation which guard the abuse of eminent domain for this purpose.

See also

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