- 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 countries, including the U.S. (in the 5th Amendment to the Constitution), require the payment of just compensation to the owner. As a power peculiar to sovereign authority and coupled with a duty to pay compensation, the concept was developed by such 17th-century natural-law jurists as Hugo Grotius and Samuel Pufendorf. See also confiscation.
* * *▪ lawpower of government to take private property for public use without the owner's consent. Constitutional provisions in most countries require the payment of compensation to the owner. In countries with unwritten constitutions, such as England, the supremacy of Parliament makes it theoretically possible for property to be taken without compensation, but in practice compensation is paid. confiscation is the term most often used in contrast to eminent domain to describe the taking of property by the state without compensation.The idea of eminent domain as a power peculiar to sovereign authority but coupled with a duty to pay compensation comes from such 17th-century natural-law jurists as Hugo Grotius and Samuel Pufendorf. The English practice in the early 17th century was for Parliament to authorize the taking of property and either to prescribe the amount to be paid or to provide a judicial proceeding to determine it. The proceeding was held without the presence of the owner. The American colonies developed judicial procedures enabling the owner to be heard on the question of compensation.There have been few legislative attempts in the United States to control or define what is just compensation. In general, the judicial definition is that just compensation is the fair market value at the time of the taking, the market value including not only the existing use value but also the best use to which the property may be put. Many states and the federal government have “quick-taking” statutes providing that, upon the deposit of adequate security, the government may take title and possession before the price is judicially decided.Nearly all other countries have constitutional or statutory provisions requiring that compensation be paid for property taken. The French and German systems, unlike Anglo-American law, require that it be paid in advance of the taking by the government. In the countries influenced by French and German law, the question of the public purpose to be served by the taking is an administrative one and is not determined in the regular courts. Also, there are fewer general statutes providing for blanket authorization of condemnation for particular purposes (such as highways) than there are in the United States, and more often there is a requirement that expropriation of each particular parcel be authorized by the Parliament.In a landmark ruling in 2005, the U.S. Supreme Court adopted an expansive interpretation of the power of eminent domain as defined in the “takings” clause of the Fifth Amendment to the Constitution (“private property [shall not] be taken for public use without just compensation”). Holding that the term “public use” should be understood to mean “public purpose,” the Court affirmed that government may take private property not only for use by the public but also for private use that results in a public benefit, in particular economic development.
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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 — 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
eminent domain — eminent do main n [U] law the right of the US government to take private land for public use … Dictionary of contemporary English