Eminent domain
The power of the government to take private property and convert it into public use. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners. see, e.g. Loretto v. Teleprompter Manhattan CATV Corp. 458 US 419 (1982).
- The Annotated Constitution of the US entry on eminent domain
- The LIIBULLETIN preview in San Remo Hotel v. San Francisco
- The LIIBULLETIN preview in Kelo v. City of New London
- The Harvard Bridge Project explanation of takings from the point of view of law and economics
- The Harvard Bridge Project explanation of takings from the point of view of moral philosophy
Definition from Nolo’s Plain-English Law Dictionary
The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the United States Constitution allows the government to take private property if the taking is for a public use and the owner is "justly compensated" (usually, paid fair market value) for his or her loss. A public use is virtually anything that is sanctioned by a federal or state legislative body, but such uses may include roads, parks, reservoirs, schools, hospitals, or other public buildings. Sometimes called condemnation, taking, or expropriation.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:15 pm
