Eminent Domain

 
 
 
 
The concept of eminent domain is often a controversial one because it provides government officials with the power to seize property for public use as long as it pays just compensation. As the eminent domain and condemnation law practice of Oliver, Vose, Sandifer, Murphy & Lee define it: "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" (Eminent 1). Governments often acquire property for such public uses as parks, schools, roads, highways, fire and police stations and the removal of blighted areas to pave the way for new development. Successful challenges to government enactment of eminent domain are rare. Public use continues to be a concept that is interpreted in a broad manner by the justice system. The condition of "public benefit" is all that is needed to justify land acquisition under eminent domain. Nevertheless, the government must pay the owner of the property or real estate "just compensation", which typically equates to the "fair market value of the item as of a particular date"


     
 
 
 
    

 

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