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Busty2 · 02-18-2019, 12:12 PM

Eminent domain is the government's power to take private land for public use under certain circumstances. The power of eminent domain is defined by the "Takings Clause" of the Fifth Amendment to the U.S. Constitution, which prohibits the federal government from taking private property for public use "without just compensation." This clause is also applied to state and local governments through the Fourteenth Amendment to the Constitution. The Takings Clause does not give the government permission to take any land it wants. On the contrary, it serves as a limit on the power of the government by requiring that a taking can only occur if the land is for "public use" and in exchange for just compensation.

When the government acquires private land, this is known as "taking," in contrast to a property seizure that occurs when the property owner commits certain types of crimes or abandons the property. There are different categories of takings:

A complete taking is when the entire property is purchased.
A partial taking occurs when only a portion of the property is needed.
A temporary taking occurs if the property is needed only for a specific period of time.
It's worth noting that the definition of "taking" includes more than just the acquisition of property by the government. It also includes government action that impacts the land in some way, including zoning or development plans that change the way the property can be used or result in a decrease in the value of the property.

How Eminent Domain Works

If the government is planning an expansion or public works project, and needs to acquire private property to complete the project, the government will commence the legal process of eminent domain, which is known as condemnation. The details of the process of condemnation will vary from state to state, but the basic steps are consistent.

Typically, the government will first attempt to negotiate a deal to buy the land from the private owner. If the owner agrees to the offered price, the parties can avoid court altogether. The government will issue payment in exchange for the deed for the land. If the owner and the government disagree as to the sale price for the property, the parties will attend a court hearing to address the contested issue of the fair market value of the land.

If the owner refuses entirely to sell the property, the government will file a court action and post a public notice of the hearing. At this hearing, the government must prove that it tried to negotiate a sale and that the taking is for "public use." The landowner will be given the opportunity to object and offer evidence. It's not uncommon for both parties to present expert testimony on the issue of valuation.

Chump had better come up with another way to build his picket fence!

02-18-2019, 12:12 PM
Busty2 Member since 1999 Industry Role: Join Date: Dec 2007 Location: Off the Amalfi coast Posts: 7,202	This all boils down to years of litigation over 100s if not 1000s of lawsuits ! Eminent domain is the government's power to take private land for public use under certain circumstances. The power of eminent domain is defined by the "Takings Clause" of the Fifth Amendment to the U.S. Constitution, which prohibits the federal government from taking private property for public use "without just compensation." This clause is also applied to state and local governments through the Fourteenth Amendment to the Constitution. The Takings Clause does not give the government permission to take any land it wants. On the contrary, it serves as a limit on the power of the government by requiring that a taking can only occur if the land is for "public use" and in exchange for just compensation. When the government acquires private land, this is known as "taking," in contrast to a property seizure that occurs when the property owner commits certain types of crimes or abandons the property. There are different categories of takings: A complete taking is when the entire property is purchased. A partial taking occurs when only a portion of the property is needed. A temporary taking occurs if the property is needed only for a specific period of time. It's worth noting that the definition of "taking" includes more than just the acquisition of property by the government. It also includes government action that impacts the land in some way, including zoning or development plans that change the way the property can be used or result in a decrease in the value of the property. How Eminent Domain Works If the government is planning an expansion or public works project, and needs to acquire private property to complete the project, the government will commence the legal process of eminent domain, which is known as condemnation. The details of the process of condemnation will vary from state to state, but the basic steps are consistent. Typically, the government will first attempt to negotiate a deal to buy the land from the private owner. If the owner agrees to the offered price, the parties can avoid court altogether. The government will issue payment in exchange for the deed for the land. If the owner and the government disagree as to the sale price for the property, the parties will attend a court hearing to address the contested issue of the fair market value of the land. If the owner refuses entirely to sell the property, the government will file a court action and post a public notice of the hearing. At this hearing, the government must prove that it tried to negotiate a sale and that the taking is for "public use." The landowner will be given the opportunity to object and offer evidence. It's not uncommon for both parties to present expert testimony on the issue of valuation. Chump had better come up with another way to build his picket fence!