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• County Right of Eminent Domain.
• Right of Eminent Domain.
• (a) A county may exercise the right of eminent domain to condemn and acquire land, an easement in land, or a right-of-way if the acquisition is necessary for the construction of a jail, courthouse, hospital, or library, or for another public purpose authorized by law. ...
• (b) The right of eminent domain conferred by this section extends to public or private land, but not to land used for cemetery purposes. ...

• Eminent Domain Proceedings In Sewer Line Acquisitions. ...
• These large projects, coupled with a more litigious society, have led many utilities and government agencies to invoke their power of eminent domain. ...
•   >Eminent Domain.
• The power of the government to acquire private property for public use is known as the right of eminent domain, or more commonly, condemnation. Traditionally the right of eminent domain is referred to as "the king’s right". ...
• While elements of eminent domain proceedings vary from state to state, the term "just compensation" is almost universally defined as the difference between the fair market value of the property before the taking and the fair market value of the property after the taking. ...
• The District invokes its power of eminent domain only after other negotiation attempts have been unsuccessful and an impasse is reached with the landowner. ...

• Eminent Domain in Nevada.
• Now while it may be admitted that hotels, theaters, stage coaches, and city hacks, are a benefit to the public, it does not, by any means, necessarily follow that the right of eminent domain can be exercised in their favor. ... In such cases the law interferes, and takes the private property of the citizen upon payment of a just compensation, in order to promote an interest of great public benefit to the community, which could not be successfully carried on without the exercise of this power of eminent domain. ... The object for which private property is to be taken must not only be of great public benefit and for the paramount interest of the community, but the necessity must exist for the exercise of the right of eminent domain. ...
• Statutory Construction: "'In construing a grant of power (eminent domain) to a private corporation the power must be given in plain language or by necessary implication. ...
• Procedures: Eminent domain procedures for the protection of the landowner must be strictly complied with. ...
• (445) "It is the general rule that, when a corporation seeks to exercise the right of eminent domain, its discretion in the selection of land for its use will not be questioned where it acts in good faith and not capriciously. ...
• Trespass: The common-law rule that a structure erected by a tortfeasor becomes a part of the land does not apply where the trespasser has the power of eminent domain. ...
• Sovereign power: The power of eminent domain is an attribute of sovereignty; "the authority of the state to take private property for public use is plenary, except where restricted by constitutional limitations. ...
• Public Use: "It is well established in this state that mining, being a paramount industry, is a public use, and the power of eminent domain can be exercised in the furtherance of the development of mines and the extraction and reduction of ores contained therein. ...
• Statutory Construction: "'(W)here the right of eminent domain is granted for a particular purpose, then the statute must be given a liberal construction in furtherance of such purpose. ...
• Public Use: Open pit mining is included within the statute authorizing eminent domain for all mining purposes. ...
• Public Use: City housing authority created for development of low-rent housing and slum-clearance projects may be invested with power of eminent domain, for it is a municipal corporation created for a public governmental purpose. ...
• Public use: Eminent domain is proper for a change of location, as well as original construction. ...
• Necessity: "It is well settled, however, that the choice of lands to be used for a particular public improvement generally lies within the discretion of the agency exercising the right of eminent domain and that such discretion will be respected save where malice or lack of good faith appears or where oppressive overreaching or public injury results. ...
• Estates In Land/Easements: "A railroad ordinarily does not hold in fee the land over which its right of way is constructed and maintained but merely an easement for such right of way whether such land is acquired by eminent domain or otherwise; that it might hold more than an easement is never presumed. ...

• Abuse of Eminent Domain Debated .
• WASHINGTON, May 22 (UPI) -- Eminent domain -- the government's Constitutional right to appropriate private property for public use, with fair compensation paid to the property owner -- has never been a happy topic, especially for the property owners involved.
• In recent years several high profile cases have made the issue even more volatile as the practical definition of eminent domain has evolved, some say for the worse.
• At a recent think tank forum on the issue, one participant cited "the unholy and unethical alliance of business and government" that has expanded eminent domain to include the government-backed, forced taking of private property not for public use, but for commercial use by private companies, ostensibly in the public interest.
• "That is what happens in situations of eminent domain abuse. ...
• Bullock -- whose libertarian legal advocacy group fights on behalf of those facing such takings of their property -- believes that eminent domain does have a valid purpose. But he argued that the aggressive use of eminent domain by municipalities and public redevelopment agencies in the name of progress often represents a violation of the U. ...
• According to Bullock, this modern abuse of eminent domain began with the 1954 U. ... In that decision, the court interpreted the Constitution's definition of eminent domain to include the taking of property for "public purposes. ...
• Bullock said this interpretation has lead local governments to use eminent domain to seize land and give it to new owners not simply to clean up urban blight or build a road -- which would constitute "public use"-- but on the grounds that the land's owner was not creating as many jobs as could another owner. ...
• In this way, local governments have come to use eminent domain as a development tool, says Bullock.
• Jeff Finkle, chief executive officer of the International Economic Development Council and Bullock's opponent at the Cato forum, argued that in the modern world, eminent domain is a tool needed to ensure economic development.
• "I think communities have the right to use eminent domain for economic development," said Finkle, whose group serves development professionals and is dedicated to advocating development issues. "I would like to point out that most communities do not like to use eminent domain but that it is a tool of last resort. ...
• "The vast, overwhelming majority of real estate transactions are marketplace deals, even when eminent domain is contemplated," he said. "Eminent domain is then used to acquire property where there are holdout owners. ...

• The state or condemning authority has the power of eminent domain. Many counties and most cities in Virginia also have the right of eminent domain. In addition, many state and local governmental agencies and public utilities have the power of eminent domain. ...
• While a specific governmental body or public utility may have the power of eminent domain, that does not necessarily mean that it has the right to take your specific property. ...
• Top 10 Abuses of Eminent Domain in Virginia.

• The Supreme Court heard arguments Tuesday over an eminent domain case in New London, Conn. ...
• RAY SUAREZ: The case before the Supreme Court today involved the town of New London, Connecticut, which, under the law of eminent domain, has been seizing homes in an economically depressed riverfront area for hotel and office development. ...
• MICHAEL CRISTOFARO: I don't think any municipality should have a wildcard to say, "Hey, we're going to use eminent domain; if you don't want to sell, that's okay, we're going to take it anyway. ...
• Supreme Court today, Edward O'Connell, representing the New London Development Corporation, argued many cities would die without the law of eminent domain. ...
• JAN CRAWFORD GREENBURG: A lawyer for the homeowners, a senior attorney at the public interest group Institute for Justice, which has really led the fight against these eminent domain cases, he argued that the government had gone too far here, just as governments have across the country. ...

• Who may exercise right of eminent domain. ...

• Home > News > Boston Globe > Opinion > Op-ed Will court curb eminent domain? Boston Globe BEGINNING his oral argument in Kelo v. City of New London, the Connecticut eminent-domain case the Supreme Court took up last week, Scott Bullock of the Institute for Justice puts the stakes bluntly: Jeff Jacoby February 27, 2005 --> JEFF JACOBY Will court curb eminent domain?.
• City of New London, the Connecticut eminent-domain case the Supreme Court took up last week, Scott Bullock of the Institute for Justice puts the stakes bluntly:.
• Under the Bill of Rights, the power of eminent domain may be used only when land is needed for a public use. ...
• New London is depressed, she says; what’s wrong with trying to ‘‘build it up and get more jobs?’’ If the city could buy property on the open market and turn it over to a developer, wonders Justice David Souter, why can’t it use eminent domain to achieve the same end? Justice Stephen Breyer notes that there is bound to be some public benefit from almost any land taking. ...
• Justice Sandra Day O’Connor presses Wesley Horton, the lawyer for New London, on whether eminent domain can really be deployed to condemn any property that could be put to better use.
• Got that? Anyone’s property can be taken by eminent domain if the government identifies another owner who could use it to earn a higher profit. ...

• The debate revolves around the question: Should government have a right to take anyone’s property for less that what the owner would freely and voluntarily agree to accept as payment? Or, more formally: Is the state’s power of eminent domain necessary in a free society?.
• Epstein is so sure of his views on a variety of topics, including eminent domain, that he has openly promised to debate “anyone, anywhere, anytime, about anything provided that I disagree with them,” he said.
• But this was not without exception—and one exception that he famously made in his highly influential book, Takings, is for the power of eminent domain, which allows the government to forcibly take property for such ostensible “public goods” as roads, as long as it pays “just compensation. ...

• EMINENT CHOICE WEB AWARD.
• Do you want a web site award for your web site? Within this site you will find the Eminent Choice Web Award program. The two awards available are the Eminent Choice Web Award for general web sites and Eminent Choice Web Award - special experience ART for art web sites. ...
• EMINENT CHOICE WEB AWARD - special experience ART.
• I am very pleased to introduce the Finnish artist Ismo Jokiaho, Blackhole (FM) gallery, as a winner of Eminent Choice Web Award - special experience ART.

• Eminent domain and private gain.
• The village had simply declared eminent domain, so that another private developer could build part of a Stop & Shop and parking lot where Mr. ...
• The Constitution does give local governments the right to condemn property through eminent domain for "public use" if the owner is compensated. ...
• The increase in the use of eminent domain for private entities has created a groundswell of opposition from New York and Detroit to California.
• In 40 percent of the challenges to eminent domain brought between 1998 and 2002, courts sided with the original landowners. Six state legislatures have passed bills increasing protections for people threatened with eminent domain. ...
• The practice of eminent domain has been abused throughout US history. ... " But even using such high-handed tactics, most eminent-domain condemnations were used for clearly delineated public purposes.
• So it declared eminent domain and condemned the property by arguing that it constituted a public use by getting rid of the "blighted" area. ...
• "Things have gotten worse as the word spread among businesses that they can acquire land without having to go through a bidding process," says Gideon Kanner, a professor emeritus at Loyola Law School in Los Angeles and expert on the issue of eminent domain. ...
• But in general, she insists the power of eminent domain is used responsibly and that the courts are there to act as a check and balance.
• "I've never, never seen anything like this," says Mike Rikon, an eminent domain attorney with 33 years experience who is representing several Port Chester landowners. ...

• Eminent Domain.
• Eminent Domain.
• Takings: Private Property and the Power of Eminent Domain.
• Private Property and the Constitution - a good read - explores the social and economics of Eminent Domain. ...
• What is Eminent Domain? Can your property simply be taken from you?.
•   "Eminent domain" (also called "condemnation") is the power of government agencies to acquire property for "public use" so long as the government pays "just compensation. " Recognized public uses for which the power of eminent domain may be used include, among other things, schools, parks, roads, highways, subways, fire and police stations, public buildings, and the elimination of blight through redevelopment (as in Asbury Park - or not?) A key attribute of eminent domain is that the government can exercise its power of eminent domain even if the owner does not wish to sell his or her property. ...
• Even though the vast majority of government agencies possess the power of eminent domain, on occasion, a successful challenge to the government's right to take a particular property for a particular project can be made. ...
• Typical challenges to the right to take are for failure of the government to follow the proper procedural steps towards eminent domain. ... Each case must be evaluated on its own facts and experienced eminent domain counsel should be consulted. ...
• "  The Fifth Amendment of the United States Constitution  allow private property to be taken by eminent domain only for a "public use. ...
• Eminent Domain .

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