eminent domain

eminent domain
/emanant dameyn/ The power to take private property for public use by the state, municipalities, and private persons or corporations authorized to exercise functions of public character. Housing Authority of Cherokee National of Oklahoma v. Langley, Okl., 555 P.2d 1025, 1028. Fifth Amendment, U.S. Constitution. In the United States, the power of eminent domain is founded in both the federal (Fifth Amend.) and state constitutions. The Constitution limits the power to taking for a public purpose and prohibits the exercise of the power of eminent domain without just compensation to the owners of the property which is taken. The process of exercising the power of eminent domain is commonly referred to as "condemnation", or, "expropriation". The right of eminent domain is the right of the state, through its regular organization, to reassert, either temporarily or permanently, its dominion over any portion of the soil of the state on account of public exigency and for the public good. Thus, in time of war or insurrection, the proper authorities may possess and hold any part of the territory of the state for the common safety; and in time of peace the legislature may authorize the appropriation of the same to public purposes, such as the opening of roads, construction of defenses, or providing channels for trade or travel. Eminent domain is the highest and most exact idea of property remaining in the government, or in the aggregate body of the people in their sovereign capacity. It gives a right to resume the possession of the property in the manner directed by the constitution and the laws of the state, whenever the public interest requires it.

Black's law dictionary. . 1990.

Игры ⚽ Нужно решить контрольную?

Look at other dictionaries:

  • Eminent domain — (United States), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption/compulsory acquisition (Australia), or expropriation (South Africa and Canada) is an action of the state to seize a citizen s private property, expropriate… …   Wikipedia

  • eminent domain — em·i·nent do·main / e mə nənt / n: the right of the government to take property from a private owner for public use by virtue of the superior dominion of its sovereignty over all lands within its jurisdiction see also condemn, expropriate, take… …   Law dictionary

  • eminent domain — ☆ eminent domain n. Law the right of a government to take, or to authorize the taking of, private property for public use, just compensation being given to the owner …   English World dictionary

  • eminent domain — /emanant dameyn/ The power to take private property for public use by the state, municipalities, and private persons or corporations authorized to exercise functions of public character. Housing Authority of Cherokee National of Oklahoma v.… …   Black's law dictionary

  • eminent domain — noun 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 (Freq. 1) • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑legal… …   Useful english dictionary

  • eminent domain — Law. the power of the state to take private property for public use with payment of compensation to the owner. [1730 40] * * * Government power to take private property for public use without the owner s consent. Constitutional provisions in most …   Universalium

  • Eminent Domain — The power the government has to obtain the property of an individual even without the person s full consent. In most countries, including the U.S., the land owner will be compensated for the land at fair market value. This power allows the… …   Investment dictionary

  • eminent domain — The power of a government to acquire private property for public purposes. It is used frequently to obtain real property that cannot be purchased from owners in a voluntary transaction. When the power of eminent domain is exercised, owners… …   Financial and business terms

  • eminent domain — noun (US) The right of a government over the lands within its jurisdiction. Usually invoked to compel land owners to sell their property in preparation for a major construction project such as a freeway. :: The city council used eminent domain to …   Wiktionary

  • eminent domain — The power of the nation or a sovereign state to take, or to authorize the taking of, private property for a public use without the owner s consent, conditioned upon the payment of a just compensation. 26 Am J2d Em D § 1. The theory of such power …   Ballentine's law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”