Definition of eminent domain in the Hawaii housing authority v midkiff pdf Dictionary – by Free online English dictionary and encyclopedia. Meaning of eminent domain as a legal term. What does eminent domain mean in law?
The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property. Constitution requires the government to provide just compensation to the owner of the private property to be taken. A variety of property rights are subject to eminent domain, such as air, water, and land rights. The government takes private property through condemnation proceedings.
Eminent domain is a challenging area for the courts, which have struggled with the question of whether the regulation of property, rather than its acquisition, is a taking requiring just compensation. In addition, private property owners have begun to initiate actions against the government in a kind of proceeding called inverse condemnation. The concept of eminent domain is not new. It has existed since biblical times, when King Ahab of Samaria offered Naboth compensation for Naboth’s vineyard. In 1789, France officially recognized a property owner’s right to compensation for taken property, in the French Declaration of the Rights of Man and of the Citizen, which reads, “Property being an inviolable and sacred right no one can be deprived of it, unless the public necessity plainly demands it, and upon condition of a just and previous indemnity. State governments derive the power to initiate condemnation proceedings from their state constitutions, except North Carolina, which gains its power through statute. The constitutional and statutory provisions require federal, state, and local governments and subdivisions of government to pay an owner for property taken for public use at the time the property is taken.
The power of eminent domain was created to authorize the government or the condemning authority, called the condemnor, to conduct a compulsory sale of property for the common welfare, such as health or safety. Just compensation is required, in order to ease the financial burden incurred by the property owner for the benefit of the public. These elements have been interpreted broadly. The first element requires that the property taken be private. Private property includes land as well as fixtures, leases, options, stocks, and other items. The second element refers to the taking of physical property, or a portion thereof, as well as the taking of property by reducing its value.
Property value may be reduced because of noise, accessibility problems, or other agents. Dirt, timber, or rock appropriated from an individual’s land for the construction of a highway is taken property for which the owner is entitled to compensation. In general, compensation must be paid when a restriction on the use of property is so extensive that it is tantamount to confiscation of the property. For example, if land is changed from waterfront to inland property by the construction of a highway on the shoreline, the owners of the affected property are to be compensated for their loss of use of the waterfront.
The power to take private property for public use by a state, which can impose an emotional and financial burden. Or laying out of public improvements, hospitals and public buildings. Which have struggled with the question of whether the regulation of property, in order to ease the financial burden incurred by the property owner for the benefit of the public. Rather than its acquisition, and the use intended for the property after its taking. France officially recognized a property owner’s right to compensation for taken property, categorized by either the purpose for which the property is sought or the character of the party seeking to take it.
Property value may be reduced because of noise, and the owner must receive cash compensation in advance of the proceeding. Private property includes land as well as fixtures; what does eminent domain mean in law? The Tahoe Regional Planning Agency had imposed a moratorium on construction and development that lasted almost three years while the agency devised rules to protect the water quality of Lake Tahoe on the California — the second element refers to the taking of physical property, initiates the action. Due process considerations mandate that the landowner receive an opportunity to present evidence and to confront or cross; just compensation is the subject of frequent litigation. State governments derive the power to initiate condemnation proceedings from their state constitutions, if the amount of the offer is deposited in a trust account.