Courier News Online - Sunday, May 7, 2006
A GLOSSARY OF EMINENT DOMAIN
- Eminent Domain. The right of a government to take private property for a public purpose, usually with just compensation of the owner; requires that the property taken be used to benefit the public instead of specific individuals. Whether a particular use is considered public is ordinarily a question to be determined by the courts.
- History. Early uses of eminent domain were primarily for public works projects such as for utilities or highways. In 1954, the Supreme Court ruled that private projects meet the definition if they have a "public purpose." Under this rationale, the court approved a slum-clearance plan of the government of Washington, DC. In the latter half of the 20th century the process was used to clear "blighted" areas of American cities for redevelopment.
- The law concerning eminent domain is based on the Fifth Amendment: No person shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
- Just Compensation. Often the fair market value of the property harmed or taken for public use. The market value is commonly defined as the price that could have reasonably resulted from negotiations between an owner who was willing to sell and a purchaser who desired to buy.
- Condemnation. A proceeding does not require court involvement if the condemnor and landowner enter into a contract for the taking of the property for a public use. Condemnation usually consists of two phases: proceedings that relate to the right of the condemnor to take the property, and proceedings to set the amount of compensation to be paid for the property taken. The owner has the right to due process during condemnation proceedings.
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