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Encyclopedia > Eminent domain

Eminent domain (United States), compulsory purchase (United Kingdom, New Zealand, Republic of Ireland), resumption/compulsory acquisition (Australia) or expropriation (Canada, South Africa) in common law legal systems is the inherent power of the state to seize a citizen's private property, expropriate property, or rights in property, without the owner's consent. The property is taken either for government use or by delegation to third parties who will devote it to "public use." The most common uses of property taken by eminent domain are public utilities, highways, and railroads. Some states require that the government body offer to purchase the property before resorting to the use of eminent domain. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... For other uses, see State (disambiguation). ... The word citizen may refer to: A person with a citizenship Citizen Watch Co. ... This article or section does not cite any references or sources. ... Expropriation is the act of removing from control the owner of an item of property. ... A public utility is a company that maintains the infrastructure for a public service. ... This article or section does not cite any references or sources. ... “railroads” redirects here. ...


The term expropriation as used in the law of eminent domain is not to be confused with situations in which private property is seized by revolutionary governments from its former owners and confiscated without payment. It should also be differentiated from forfeiture which is an uncompensated seizure of contraband from criminals and its confiscation by the government.


The term condemnation is used to describe the act of a government exercising its power of eminent domain to transfer title to private property from its rightful owner to itself. It is not to be confused with the same term that describes a declaration that real property, generally a building, has become so dilapidated as to be legally unfit for human habitation due to its physical defects. This type of condemnation of buildings (on grounds of health and safety hazards or gross zoning violation) usually does not deprive the owners of the title to the property condemned but requires them to rectify the offending situation or have the government do it for them and bill them for the cost. In property law, condemnation is identical to eminent domain. ...


Condemnation via eminent domain indicates the government is taking the property or an interest in it, such as an easement. In most cases the only thing that remains to be decided when a condemnation action is filed is the amount of just compensation, although in some cases the right to take may be challenged by the property owner on the grounds that the attempted taking is not for a public use, or has not been authorized by the legislature, or because the condemnor has not followed the proper procedure required by law. An easement is the right to do something or the right to prevent something over the real property of another. ...


The exercise of eminent domain is not limited to real property. Governments may also condemn personal property, such as supplies for the military in wartime, franchises, as well as intangible property such as contracts, patents, trade secrets, and copyrights. In economics, a government-granted monopoly (also called a de jure monopoly) is a form of coercive monopoly in a government grants exclusive privilege to a private individual or firm to be the sole provider of a good or service; potential competitors are excluded from the market by law, regulation... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... For other uses, see Patent (disambiguation). ... A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information used by a business to obtain an advantage over competitors within the same industry or profession. ... Not to be confused with copywriting. ...

Contents

History

The first case of eminent domain in English law is called the "Due Process" or the "King's Prerogative in Saltpeter Case". The English king needed saltpeter for munitions and took a saltpeter mine from a private individual. The private party sued the king and the court established the right of the sovereign to take "private property for public use" without liability for trespass but requiring payment of compensation for the taken saltpeter. When the colonies became the United States and the English Common Law was adopted as the law of the new nation, this principle was recognized. Contrary to popular belief, the Fifth Amendment to the Constitution did not establish this right in the U.S., as it was already inherent in common law. The Fifth Amendment limited the right of eminent domain by requiring that takings be for "public use" and that "just compensation" be paid for the taken property. The term eminent domain is used primarily in the States, where the term was derived in the mid-19th century from the legal treatise, De Jure Belli et Pacis, written by the Dutch jurist Hugo Grotius in 1625, who used the term dominium eminens and described the power as follows: English law is a formal term of art that describes the law for the time being in force in England and Wales. ... For the various rulers of the kingdoms within England prior to its formal unification, during the Heptarchy, see Bretwalda. ... R-phrases   S-phrases   Supplementary data page Structure and properties n, εr, etc. ... Munition is often defined as a synonyn for ammunition. ... In 1775, the British claimed authority over the red and pink areas on this map and Spain ruled the orange. ... This article does not cite any references or sources. ... Alternative meaning: Nineteenth Century (periodical) (18th century — 19th century — 20th century — more centuries) As a means of recording the passage of time, the 19th century was that century which lasted from 1801-1900 in the sense of the Gregorian calendar. ... A jurist is a professional who studies, develops, applies or otherwise deals with the law. ... Hugo Grotius (Huig de Groot, or Hugo de Groot; Delft, 10 April 1583 – Rostock, 28 August 1645) worked as a jurist in the Dutch Republic and laid the foundations for international law, based on natural law. ... Events March 27 - Prince Charles Stuart becomes King Charles I of England, Scotland and Ireland. ...

"... the property of subjects is under the eminent domain of the state, so that the state or he who acts for it may use and even alienate and destroy such property, not only in the case of extreme necessity, in which even private persons have a right over the property of others, but for ends of public utility, to which ends those who founded civil society must be supposed to have intended that private ends should give way. But it is to be added that when this is done the state is bound to make good the loss to those who lose their property."

However, another noted jurist, Samuel von Pufendorf, in his work, De Jure Naturae et Gentium criticized the usage of the term "eminent domain". In his analysis of the control ("potestas") of property he made a classification as follows: Baron Samuel von Pufendorf (January 8, 1632 - October 13, 1694), was a German jurist. ...


(a) Control, in the proprietary sense, as of that which is one's own, he termed "dominium";


(b) Control, in the governmental or sovereign sense, as of that which belongs to others, he termed "imperium". It was his conclusion that a more accurate term for the power to take property for public use would be "imperium eminens".


Many other jurists, like Cornelius Bynkershoek and Heineccius also were of the same opinion as Puffendorf. However, Heineccius noted that though there is a difference and it is imperium that belongs to rulers, still it would be futile to condemn the term when it has been so widely accepted. Cornelius Bynkershoek Cornelius Bynkershoek (born 1673, died 1743) was a Dutch jurist and legal theorist who contributed to the development of international law in works like De dominio maris (1702). ...


The term compulsory purchase, also originating in the mid-19th century, is used primarily in England and Wales (see compulsory purchase order, and other jurisdictions that follow the elements of English law. Originally, the power of eminent domain was assumed to arise from natural law as an inherent power of the sovereign. Some states (New York, Louisiana) use the term appropriation as a synonym for the exercising of eminent domain. Compulsory purchase order is a legal function in the United Kingdom. ... English law is a formal term of art that describes the law for the time being in force in England and Wales. ... Natural law or the law of nature (Latin: lex naturalis) is an ethical theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere. ... “Sovereign” redirects here. ... This article is about the state. ... This article is about the U.S. State. ... Appropriation is the act of taking possession of or assigning purpose to properties or ideas and is important in many topics, including: Appropriation (sociology) in relation to the spread of knowledge Appropriation (art) Appropriation (visual art) [1] Appropriation (music) in reference to the re-use and proliferation of different types...


Allodial versus Feudal Title

Allodial title is the title to land generally held in freehold, by an individual or group that is sovereign on that land. Thus, in English law, only the monarch holds allodial title. All others are tenants of the sovereign through their feudal vassalages. Sovereigns generally gain allodial title either by grant of another sovereign to such title, or through right of conquest. In this respect, while colonial American land grants were typically feudal grants in fee-simple, the victory of the American cause in the American Revolutionary War is considered an act of conversion to allodial title, such that the king was no longer the sovereign of the colonies. However, the new holders in this case are the several states that engaged in the revolution, and it is upon this basis that the practice of fee-simple titles is continued in the United States. This is an issue of dispute by some constitutionalist and property rights groups, with some individuals occasionally attempting to patent allodial titles to their land. Some states, notably Nevada, have instituted an Allodial Title Program in which property owners can purchase allodial title to their land essentially by paying an amount discounted from the sum of all future property taxes for the term of the owner's life expectancy. Allodial title is a concept in some systems of property law. ... Fee simple, also known as fee simple absolute or allodial, is a term of art in common law. ... Look up vassal in Wiktionary, the free dictionary. ... The right of conquest is the purported right of a conqueror to territory taken by force of arms. ... This article is about military actions only. ... This article is about the U.S. State of Nevada. ... Allodial title is a concept in some systems of property law. ...


United States

In the United States, the Fifth Amendment to the Constitution requires that just compensation be paid when the power of eminent domain is used, and requires that the property be taken for "public use". These requirements are sometimes called the takings clause. This article does not cite any references or sources. ...


The original judicial construction of "public use" was relatively strict: it required that the land be used by the public, the common example being military installations, government buildings and public roads, as well as railroads and public utility facilities. The term "public use" became interpreted more expansively in Berman v. Parker (1954), in which the U.S. Supreme Court reviewed an effort by the District of Columbia to raze properties that were primarily--but not entirely--blighted, in order to transfer their sites to private redevelopers who would construct condos, private office buildings and a shopping center. The Supreme Court ruled against the owners of non-blighted properties within the area sought to be seized on the grounds that the project should be judged on its plans as a whole, not on a parcel by parcel basis. The Court held that the term "public use" encompassed a broader notion of public benefit than simply providing government facilities, railways and other utilities commonly used by the public. The elimination of blight was held to be such a clear responsibility of government, that it justified the use of the eminent domain power. Hawaii Housing Authority v. Midkiff (1984) arose from the Hawaii legislature's determination that private ownership of land on the Island of Oahu was concentrated in so few hands as to form an oligopoly, causing the private market in land to malfunction. In response, the Hawaiian government proposed to increase the number of owners by, among other things, granting full ownership rights to those who previously used land as a tenancy. Again, while on its surface the case involved a transfer of land from one private party to another, the Court held that the elimination of an oligopolistic market in land was a sufficient public benefit justifying the redistributional takings. Holding The court ruled that private property could be taken for a public purpose with just compensation. ... Year 1954 (MCMLIV) was a common year (link will display full calendar) of the Gregorian calendar. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Supreme Court of the United States (sometimes colloquially referred to by the... For other uses, see Washington, D.C. (disambiguation). ... Hawaii Housing Authority v. ... This article is about the year. ... OÊ»ahu (usually Oahu outside Hawaiian and Hawaiian English), the Gathering Place, is the third largest of the Hawaiian Islands and most populous island in the State of HawaiÊ»i. ... This article does not cite any references or sources. ...


The Supreme Court has largely given the public use requirement an expansive interpretation and has allowed takings of private property for reconveyance to other private parties, or in some cases by private parties directly, on the theory that the new owners will put the taken land to more lucrative uses that are likely to generate more tax revenues. This is known as "economic redevelopment." It uses eminent domain to enable acquitre and then convey land to commercial development or redevelopment to increase tax revenues. The Supreme Court's decision in Kelo v. City of New London, 545 U.S. 469 (2005), affirmed the majority decision of the Connecticut Supreme Court and allowed such takings, was heavily publicized in the media. This increased awareness of eminent domain post-Kelo, inspired a great public outcry. Several states have enacted or are considering state legislation that would drastically restrict the state's own power of eminent domain. The Supreme Courts of Illinois, Michigan (County of Wayne v. Hathcock)(2004)[1], and Ohio (Norwood, Ohio v. Horney)(2006) have recently ruled to disallow such takings under their state constitutions. Holding The governmental taking of property from one private owner to give to another in furtherance of economic development constitutes a permissible public use under the Fifth Amendment. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... The Connecticut Supreme Court, formerly known as the Connecticut Supreme Court of Errors, is the highest court in the U.S. state of Connecticut. ... Norwood, Ohio v. ...


The protesters maintain that the Kelo judicial approach favors wealthy redevelopers at the expense of lower middle class individual home owners, and encourages profligate municipal expenditures in support of dubious private projects that sometimes fail to achieve the promised public benefits.


Most courts have held the fair market value of the condemned property to be the constitutionally required "just compensation." Its determination is a judicial question, and it is usually determined in a trial by jury, on the basis of the parties' appraisal testimony. Some states (Connecticut, New York, and Rhode Island) do not use juries. There, condemnation awards are made by judges. Critics contend this damages personal property rights. Official language(s) English Capital Hartford Largest city Bridgeport Largest metro area Hartford Area  Ranked 48th  - Total 5,543[2] sq mi (14,356 km²)  - Width 70 miles (113 km)  - Length 110 miles (177 km)  - % water 12. ... This article is about the state. ... This article is about the U.S. State. ...


Public use

The current Supreme Court understanding dates back to 1984 when Sandra Day O'Connor held in Hawaii Housing Authority v. Midkiff, 467 U.S. 229 (1984) that Hawaii's redistribution of land was constitutional. One must understand what the High Court had held as "public"; for local government in zoning cases as in Village of Euclid, Ohio v. Ambler Realty Co., 272 U.S. 365 (1926) and in city urban renewal projects like in Berman v. Parker, 348 U.S. 26 (1954) public use was quite expansive. O'Connor tried to craft an opinion which, allowing for the state's actions, tried to limit incentives for expansive views of public use. Sandra Day OConnor (born March 26, 1930) is an American jurist who served as the first female Associate Justice of the Supreme Court of the United States from 1981 to 2006. ... Hawaii Housing Authority v. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... This article is about the year. ... Village of Euclid, Ohio v. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... Year 1926 (MCMXXVI) was a common year starting on Friday (link will display the full calendar) of the Gregorian calendar. ... Holding The court ruled that private property could be taken for a public purpose with just compensation. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... Year 1954 (MCMLIV) was a common year (link will display full calendar) of the Gregorian calendar. ...


The current rule on public use upholding the eminent domain power of state government was generally affirmed by Kelo v. City of New London, 125 S. Ct. 2655 (2005), though the justices recognized that the several states have the authority to pass statutes or state constitutional amendments further restricting eminent domain by either defining public use narrowly in their states or by granting property owners more rights than the federal Constitution if they so chose. Many have taken up the challenge, with Alabama, New Hampshire, and several other states passing temporary statutes as well as constitutional amendments to restrict eminent domain strictly to uses in which the property will be owned by a government entity. One such amendment was approved in Florida's 2006 statewide elections. Holding The governmental taking of property from one private owner to give to another in furtherance of economic development constitutes a permissible public use under the Fifth Amendment. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... This article is about the U.S. State. ... Official language(s) English Capital Concord Largest city Manchester Area  Ranked 46th  - Total 9,350 sq mi (24,217 km²)  - Width 68 miles (110 km)  - Length 190 miles (305 km)  - % water 4. ... Official language(s) English Capital Tallahassee Largest city Jacksonville Largest metro area Miami metropolitan area Area  Ranked 22nd  - Total 65,795[1] sq mi (170,304[1] km²)  - Width 361 miles (582 km)  - Length 447 miles (721 km)  - % water 17. ... The Florida statewide elections are scheduled to be held on November 7, 2006. ...


Economic argument of hold outs

Supporters contend that seizures of private property are necessary to the improvement of communities when transaction costs prevent private parties from agreeing on the most efficient use of land.[1] Opponents point out that, over a period of 200 years, American city-dwellers created large land assemblages and major structures without the coercive power of eminent domain, which they never got to use for urban redevelopment until the 1950s. Critics also point out that even successful redevelopment revives only limited areas (such as downtowns), leaving other city areas in decline. Moreover, with the ongoing migration of the past half-century from cities to suburbs, it is inevitable that cities lose population and jobs, resulting in blighted areas that cannot be revived by taking more low- and moderate-cost city housing, thus driving more people out to the suburbs. The 1950s decade refers to the years 1950 to 1959 inclusive. ...


Eminent domain has driven the development of railroads and defense infrastructure, permitting the construction of many otherwise impossible connections. In the 20th century, it was used to construct World War II and Cold War defense installations. From the early 1950s on, more than 42,000 miles of roadways were acquired by eminent domain to build the Interstate Highway System. Ports, airports, and government buildings have also been constructed on land appropriated through eminent domain. (19th century - 20th century - 21st century - more centuries) Decades: 1900s 1910s 1920s 1930s 1940s 1950s 1960s 1970s 1980s 1990s As a means of recording the passage of time, the 20th century was that century which lasted from 1901–2000 in the sense of the Gregorian calendar (1900–1999... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... For other uses, see Cold War (disambiguation). ... Interstate Highways in the 48 contiguous states. ...


More recently, eminent domain has come to be used for private purposes (such as shopping malls), which has led to the current controversy. In some cases, the non-government entities using eminent domain have been community groups trying to take control of planning and development. Such is the case of the Dudley Street Initiative, a community group in Boston, Massachusetts, which attained the right to eminent domain and has used it to claim vacant properties for the purpose of "positive community development". In other cases, well connected firms persuade local governments to take property (sometimes that of their competitors) and turn it over to them.[2] For the traditional meaning of the word mall, see pedestrian street or promenade. ... “Boston” redirects here. ... This article is about the U.S. State. ...


The controversy is further fired up by the courts defining the "just compensation" promised by the Constitution so narrowly that displaced home-owners and businesses are not fully compensated for their demonstrable economic losses, which are sometimes deemed "noncompensable". This is particularly controversial in cases where business properties are taken, the owners are not compensated for lost business, and the taken land is turned over to another business at no cost.


Back in 1798, Justice Samuel Chase in Calder v. Bull (3 U.S. 386) held that it was preposterous for the government to take one person's property with no restriction and give it to another private party for their own profit. Indeed, it was this very lack of restrictions on Donald Trump's use of the land that he sought in Coking vs. C.R.D.A that caused New Jersey Superior Court Judge Richard Williams to rule against Trump and Atlantic City. But journalists in the Coking case referred to this as a victory on a "technicality", rather than one of principle, and while today, many still adhere to this traditional view, which they see as morally sound, most courts have not lent much support to it. Year 1798 (MDCCXCVIII) was a common year starting on Monday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Friday of the 11-day slower Julian calendar). ... This article or section does not cite any references or sources. ... The Case of Calder v. ... Donald John Trump (born June 14, 1946 in Queens, New York, New York) is an American business executive, entrepreneur, television and radio personality and author. ... Vera Coking is a retired homeowner in Atlantic City, New Jersey. ... “NJ” redirects here. ... Map of Atlantic City in Atlantic County Coordinates: , Country United States State New Jersey County Atlantic Incorporated May 1, 1854 Government  - Mayor Bob Levy Area  - City  17. ... The term legal technicality refers to the technical niceties and exactitudes of legal procedure, which is divided into criminal procedure and civil procedure. ...


Private economic use of properties acquired through eminent domain

Since the Supreme Court's Kelo decision, more than 5,783 properties have been threatened or condemned by local governments. Some of the examples cataloged in Dana Berliner's Opening the Floodgates follow:[2]


In March 2005, officials in Garfield Heights, Ohio, called for the seizure of 52 homes and 13 undeveloped properties. The 52 homes were blighted, according to city's development plan, because they were too old and too small. The next month, the City engaged a private developer who hopes to build Bridgeview Crossing, a shopping center that will be anchored by a Lowe's and a Target. Garfield Heights is a city in Cuyahoga County, Ohio, United States. ... Symptoms of urban blight: graffiti-covered abandoned and deteriorating buildings and garbage-strewn vacant lots. ... “Lowes” redirects here. ... This article is about the United States retail company. ...


In July 2005, the city of Oakland, California, evicted two auto repair and supply businesses in order to replace them with 1,000 new condos and apartments as well as with a Sears tire and auto shop. “Oakland” redirects here. ...


In December 2005, the city of Riviera Beach, Florida, approved a plan to acquire 283 properties and displace one thousand renters in order to build luxury housing and a marina. The city attempted to get the plan started before Florida eminent reform legislation went into effect. A Riviera Beach sign Riviera Beach is a city in Palm Beach County, Florida, U.S.A. which was incorporated September 29, 1922. ...


In January 2006, the city of Baltimore, Maryland planned to seize 75 properties for the Charles North development project. Seven of those properties had been sold in 2005 to investors who planned to redevelop the land. The city also decided to acquire the 90-year-old Parkway Theater while it was under active restoration. Baltimore redirects here. ...


In September 2006, city of Burlington, Iowa, officials voted unanimously to demolish all 72 properties in a 23.7-acre neighborhood known as "The Manor." The affordable housing would be replaced by a commercial development yet to be determined by the city. U.S. 34 over the Mississippi River in Burlington. ...


In September 2006, the City Council members of Auburn, Washington voted unanimously to approve a Community Renewal Plan, which labels blight as anything that impedes economic development. 490 properties are currently under threat, including 248 homes, a hospital, a church, several banks and restaurants as well as a Masonic temple. Auburn and Green River Valley to the south of it, seen from Auburns Centennial Park Auburn is a city of 40,314 (2000) located in the U.S. state of Washington, in King County with some spill-over into Pierce County. ... Symptoms of urban blight: graffiti-covered abandoned and deteriorating buildings and garbage-strewn vacant lots. ... The word temple has different meanings in the fields of architecture, religion, geography, anatomy, and education. ...


In January 2007, the Supreme Court of the United States declined to hear the case of Bart Didden against the village of Port Chester, New York. Didden owned a property in the village's urban renewal district that he hoped to develop into a CVS pharmacy. The village's chosen developer demanded that Didden and his business partner either pay $800,000 not to have their land condemned or enter into a 50-50 partnership with the developer, whose plans called for a Walgreens pharmacy on the site. The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Port Chester is a village in Westchester County, New York, United States. ... CVS/pharmacy is a pharmacy and convenience store chain in the United States. ... Walgreen Co. ...


On November 26, 2006, a private landmark restaurant called the Metro Diner in Tulsa OK was closed as a result of eminent domain. The private University of Tulsa wanted the land for its own development and forced the diner to close. [3].


Long Branch, New Jersey, a city with six redevelopment zones, three of which are part of the 12-acre beach front project. The city wishes to replace the Victorians and beach bungalows currently on the site with condominiums and townhouses. 140 properties were condemned before Kelo and the city hopes to condemn 63 more properties to complete the project. Map of Long Branch in Monmouth County Long Branch is a City in Monmouth County, New Jersey, United States. ...


Also, Atlantic Yards project in Brooklyn, New York, promoted by mayor Michael Bloomberg, will be a private use project, yet it will involve eminent domain appropriation of 68 private homes and businesses.[4]. This articles sections 1 to 6. ... For other meanings, see Brooklyn (disambiguation). ... Michael Rubens Bloomberg (born 14 February 1942) is an American businessman, philanthropist, and the founder of Bloomberg L.P., currently serving as the Mayor of New York City. ...


Nuisance law

See also: Regulatory taking

When a property owner's use is improper, the state under its broad police power may ban it as in Hadacheck v. Sebastian 239 U.S. 394 (1915) in which Justice McKenna held that an owner of a brickyard business was not entitled to compensation because the zoning laws in Los Angeles prohibited his use because it was a nuisance. Regulatory taking refers to a situation in which a government regulates a property to such a degree that the regulation effectively amounts to an exercise of the governments eminent domain power without actually divesting the propertys owner of title to the property. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... Year 1915 (MCMXV) was a common year starting on Friday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Thursday[1] of the 13-day-slower Julian calendar). ... Nuisance is a common law tort. ...


Safeguards against government action

The Fifth Amendment to the U.S. Constitution requires that property may only be taken for "public use", and upon payment of "just compensation". But the U.S. Supreme Court has diluted the meaning of "public use" to such an extent that virtually anything that a local condemning authority declares to be "public use" will be accepted by the Supreme Court and the lower federal courts. Some state courts disagree and in recent years the courts of Illinois, Michigan, Oklahoma, South Carolina and Pennsylvania have taken the position that the taking of private land for so-called "economic redevelopment" -- i.e., for re conveyance of the taken land to private companies for the construction of private, profit-making enterprises such as shopping malls, factories, office buildings and even gambling casinos does not meet the "public use" limitation under the state Constitution.


Property-rights advocates contend that abuses of the exercise of these powers in the past require substantial additional safeguards to protect the people from having their homes and businesses taken for what are obviously private, not public, uses.


Federal statutes (and their state counterparts) require relocation assistance programs to be administered by the various states in order to receive Federal participation in the costs of the improvements (often 80%), and further require full certification that the public process and benefits were offered to the claimants and that the benefits were actually paid to the correct claimants and displacees. However, the benefits payable under the Act provide only partial compensation to the displaced loaners (for example $20,000 is the maximum payable under the Act for the destruction of a business), and the Act does not allow the owners to sue to enforce its provisions.


The use of eminent domain has slowed nationwide as the full build-out of the Interstate System approaches and reflects the fact that needs in the future will be for mostly projects of a local nature such as schools, roads, and other local improvements. The extensive use of eminent domain for such purposes as economic development are currently under attack in many jurisdictions and there is a movement to pass state statutes to limit this use. Seven out of nine states that had such initiatives on the ballot in the 2006 election, have adopted laws or state constitutional amendments limiting or eliminating the use of eminent domain for "economic redevelopment" that does not eliminate slums or blight, and only finances redevelopment by private profit-making entities.


As of January 2007, 34 states had enacted some kind of legislation reforming eminent domain laws, while 13 had failed to enact any legislation regarding eminent domain (three state legislatures did not hold sessions in 2006). Seventeen of those thirty-four states either prohibited the use of eminent domain for private development purposes or substantially strengthened their definitions of blight, while the other seventeen increased eminent domain protections.[5] Symptoms of urban blight: graffiti-covered abandoned and deteriorating buildings and garbage-strewn vacant lots. ...


Governor Richardson of New Mexico became the first governor to veto eminent domain reform legislation resulting from this recent surge in public interest.[6] William Blaine Bill Richardson (born November 15, 1947) is an American politician and a member of the Democratic Party. ...


Bush Executive Order

On June 23, 2006 - on the one-year anniversary of the Kelo decision (see above), President George W. Bush issued an executive order stating in Section I that the Federal Government must limit its use of taking private property for "public use" with "just compensation", which is also stated in the constitution, for the "purpose of benefiting the general public." He limits this use by stating that it may not be used "for the purpose of advancing the economic interest of private parties to be given ownership or use of the property taken."[7] is the 174th day of the year (175th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      For other uses, see President of the United States (disambiguation). ... George Walker Bush (born July 6, 1946) is the 43rd and current President of the United States, inaugurated on January 20, 2001. ... The presidential seal was used by Rutherford B. Hayes in 1880 and last modified in 1959 by adding the 50th star for Hawaii. ...


Examples

This article or section does not cite its references or sources. ... Norwood, Ohio v. ... Holding The governmental taking of property from one private owner to give to another in furtherance of economic development constitutes a permissible public use under the Fifth Amendment. ...

Europe

In many European nations, the European Convention on Human Rights provides protection from appropriation of private property by the state. Article 8 of the Convention provides that "Everyone has the right to respect for his private and family life, his home and his correspondence" and prohibits interference with this right by the state, unless the interference is in accordance with law and necessary in the interests of national security, public safety, economic well-being of the country, prevention of disorder or crime, protection of health or morals, or protection of the rights and freedoms of others. This right is expanded by Article 1 of the First Protocol to the Convention, which states that "Every natural person or legal person is entitled to the peaceful enjoyment of his possessions." Again, this is subject to exceptions where state deprivation of private possessions is in the public interest, is in accordance with law, and, in particular, to secure payment of taxes. “ECHR” redirects here. ... Security measures taken to protect the Houses of Parliament in London, England. ... “ECHR” redirects here. ... Public interest is a term used to denote political movements and organizations that are in the public interest—supporting general public and civic causes, in opposition of private and corporate ones (particularistic goals). ... “Taxes” redirects here. ...


France

In France, the Declaration of the Rights of Man and of the Citizen similarly mandates just and preliminary compensation before expropriation. Declaration of the Rights of Man and of the Citizen: Revolutionary patriotism borrows familiar iconography of the Ten Commandments Wikisource has original text related to this article: Declaration of the Rights of Man and of the Citizen The Declaration of the Rights of Man and of the Citizen (French: La...


England and Wales

In England and Wales, and other jurisdictions that follow the principles of English law, the related term compulsory purchase is used. The landowner is compensated with a price agreed or stipulated by an appropriate person. The operative law is a patchwork of statutes and case law. The principal Acts are the Lands Clauses Consolidation Act 1845, the Land Compensation Act 1961, the Compulsory Purchase Act 1965, the Land Compensation Act 1973, part IX of the Town and Country Planning Act 1990, the Planning and Compensation Act 1991, and the Planning and Compulsory Purchase Act 2004. English law is a formal term of art that describes the law for the time being in force in England and Wales. ... The Town and Country Planning Act 1990 was passed to better regulate the way in which large and small scale developments were approved by local authorities. ... The Planning and Compensation Act 1991 was an Act of Parliament in the United Kingdom to amend the law relating to town and country planning; to extend the powers to acquire by agreement land which may be affected by carrying out public works; to amend the law relating to compulsory... The Planning and Compulsory Purchase Act 2004 is a piece of a legislation promoted by the Office of the Deputy Prime Minister, substantially reforming the town planning and compulsory purchase framework in the United Kingdom. ...


Australia

In Australia, section 51, subsection xxxi of the Constitution permits the federal government to make laws with respect to "the acquisition of property on just terms from any State or person for any purpose in respect of which the Parliament has power to make laws." This has been construed to not necessarily mean just compensation as a just term might not of necessity be monetary or proprietary recompense, as was particularly notable in The Castle. However, it is for the court to determine what is just and it may be necessary to imply a need for compensation in the interests of justice, lest the law be invalidated (Andrews v Howell (1941) 65 CLR 255). The property is not restricted to real estate. The precedent established by the federal court (Smith v Harrison (1981) 135 CLR 280) extended the states' power to any form of physical property. The court ruled that animals under the federal Marsupial Protection Act (MPA) could be expropriated from private owners and reestablished in reservations. This article is about the Australian movie. ...


For the purposes of section 51, subsection xxxi, money is not property which may be compulsorily acquired; the Commonwealth must also derive some benefit from the property acquired and not merely seek to extinguish the previous owner's title (Mutual Pools and Staff Pty Ltd v Commissioner of Taxation (1992) 173 CLR 450). A statutory right to sue has been considered "property" under this section (Smith v ANL Ltd (2000) 176 ALR 449).


The term resumption is a reflection of the fact that all land was owned by the crown in 1788, and that the crown is resuming ownership.


Other countries

Many countries recognize eminent domain to a much lesser extent than the English-speaking world or do not recognize it at all. Japan, for instance, has very weak eminent domain powers, as evidenced by the high-profile opposition to the expansion of Narita International Airport, and the disproportionate amounts of financial inducement given to residents on sites slated for redevelopment in return for their agreement to leave, one well-known recent case being that of Roppongi Hills. Narita International Airport ) (IATA: NRT, ICAO: RJAA) is an international airport located in Narita, Chiba, Japan, in the eastern portion of the Greater Tokyo Area. ... Roppongi Hills Roppongi Hills ) is one of Japans largest integrated property developments, located in the Roppongi district of Tokyo. ...


There are other countries such as the People's Republic of China that practice eminent domain whenever it is convenient to make space for new communities and government structures. Singapore practices eminent domain under the Land Acquisitions Act which allows it to carry out its Selective En bloc Redevelopment Scheme for urban renewal. The Amendments to the Land Titles Act allowed property to be purchased for purposes of urban renewal against an owner sharing a collective title if the majority of the other owners wishes to sell and the minority did not. Thus, eminent domain often invokes concerns of majoritarianism. The Selective En bloc Redevelopment Scheme, or SERS for short, is an urban redevelopment strategy employed by the Housing and Development Board in Singapore in maintaining and upgrading public housing flats in older estates in the city. ... Majoritarianism is a political philosophy or agenda which asserts that a majority (sometimes categorized by religion, language or some other identifying factor) of the population is entitled to a certain degree of primacy in society, and has the right to make decisions that affect the society. ...


Most recently (and infamously) in Zimbabwe, the government of Robert Mugabe seized a great deal of land and homes of mainly poor villagers thought to be political opponents of his regime. Mugabe redirects here. ...


Etymology

The Latin term dominium eminens ("supreme lordship") was used in the 17th century by Grotius to describe the concept explained above. For other uses, see Latin (disambiguation). ... (16th century - 17th century - 18th century - more centuries) As a means of recording the passage of time, the 17th century was that century which lasted from 1601-1700. ... Hugo Grotius Hugo Grotius (Huig de Groot, or Hugo de Groot; 10th April 1583 - 28th August 1645) worked as a jurist in the Dutch Republic and laid the foundations for international law, based on natural law. ...


References

  1. ^ Richard Posner. Economic Analysis of Law.
  2. ^ Dean Starkman. "Condemnation is Used to Hand One Business Property to Another", Wall Street Journal, 1988-12-02, p. A1. 
  3. ^ Thomas Cox. "Local Landmark Diner Closed Due To Abuses of Eminent Domain", The Lope, November 26, 2006. 
  4. ^ Joseph Goldstein. "Atlantic Yards Project Abuses Uses of Eminent Domain", New York Sun, October 27, 2006. 
  5. ^ Castle Coalition. "Legislation Since Kelo," 2005.
  6. ^ Bill Richardson (2006-03-07). House Executive Message No. 138 (PDF). (veto of HB 748)
  7. ^ "Protecting the Property Rights of the American People", Executive Order 13406, 71 F.R. 36973 (2006-06-23)

Richard A. Posner Richard Allen Posner (born January 11, 1939 in New York City) is currently a judge on the United States Court of Appeals for the Seventh Circuit. ... The Wall Street Journal is an influential international daily newspaper published in New York City, New York with an average daily circulation of 1,800,607 (2002). ... Year 1988 (MCMLXXXVIII) was a leap year starting on Friday (link displays 1988 Gregorian calendar). ... is the 336th day of the year (337th in leap years) in the Gregorian calendar. ... is the 330th day of the year (331st in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... The modern New York Sun is a daily newspaper published in New York City. ... is the 300th day of the year (301st in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... The Castle Coalition is a nation-wide network of homeowners and citizen activists determined to stop the abuse of eminent domain in their communities, that is, the taking of private property by the government in order to give it to another private individual. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... is the 66th day of the year (67th in leap years) in the Gregorian calendar. ... The Federal Register contains most routine publications and public notices of United States government agencies. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... is the 174th day of the year (175th in leap years) in the Gregorian calendar. ...

Further reading

  • Dana Berliner, Opening the Floodgates; Eminent Domain Abuse in a Post-Kelo World, Institute for Justice, June 2006. Available online [3].
  • Redevelopment Wrecks; 20 Failed Projects Involving Eminent Domain Abuse, Institute for Justice, June 2006. Available online [4].
  • Myths and Realities of Eminent Domain Abuse, Institute for Justice, June 2006. Available online [5].
  • Steven Greenhut, Abuse Of Power: How The Government Misuses Eminent Domain, Seven Locks Press, June, 2004, trade paperback, 312 pages, ISBN 1-931643-37-7
  • Joshua U. Galperin, A Warning To States, Accepting this Invitation May be Hazardous to Your Health (Safety and Public Welfare): An Analysis of Post-Kelo Legislative Activity. 31 Vermont Law Review 663 (2007).
  • Eminent Domain Abuse Survival Guide, Castle Coalition, Available online [6].
  • Dana Berliner, Public Power, Private Gain, Institute for Justice, April 2003. Available online [7].
  • A.J. Hazarabedian, California Eminent Domain Handbook, California Eminent Domain Law Group, June 2005. Available free online [8].
  • John Ryskamp, The Eminent Domain Revolt: Changing Perceptions in a New Constitutional Epoch, New York: Algora Publishing, 2006.
  • Just Compensation, A Monthly Report on Condemnation Cases, Gideon Kanner, Editor, Published monthly since 1957.
  • Property Owners' Rights Handbook: Your Rights and Remedies Under the Eminent Domain Law, Sullivan, Workman & Dee, LLP, 2005. Available online [9].
  • Bulldozed: 'Kelo,' Emiment Domain and the American Lust for Land, Carla T. Main, Encounter Books, August 2007.

  Results from FactBites:
 
Eminent Domain: Being Abused?, Is Seizure Of Private Property Always In Public's Interest? - CBS News (1933 words)
The City of Lakewood, Ohio was trying to use eminent domain to force Jim and Joanne Saleet out of their house in order to make way for expensive condominiums.
Cities across the country have been using eminent domain to force people off their land, so private developers can build more expensive homes and offices that will pay more in property taxes than the buildings they're replacing.
Under eminent domain, the government buys your property, paying you what's determined to be fair market value.
NOW. Politics & Economy. The History of Eminent Domain | PBS (506 words)
In law, eminent domain is the power of the state to appropriate private property for its own use without the owner's consent.
Governments most commonly use the power of eminent domain when the acquisition of real property is necessary for the completion of a public project such as a road, and the owner of the required property is unwilling to negotiate a price for its sale.
Early uses of eminent domain were primarily for public works — large-scale projects such as the utilities of the Tennessee Valley Authority or the grand highway schemes of the years after World War II.
  More results at FactBites »

 
 

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