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Eminent Domain

How the Government Takes Property

As the population of a community grows, it is only natural that utilities and other government services must expand to meet the increase in demand. If possible, most municipalities try to use the land and...
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What is a “Taking”

The concept of “taking” as it relates to eminent domain actions is not always as simple as the transfer of property ownership from a private party to a government agency. In fact, sometimes no tangible...
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Public Use Requirement

Ostensibly, the government is not empowered to seize property for just any purpose. The eminent domain public use requirement is meant to ensure that any land, real estate or other property that the government takes...
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Eminent Domain Actions

The mere existence of eminent domain laws is enough to make most people wary. The knowledge that a federal, state or local government entity could swoop in and “take” private property is certainly unsettling. While...
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Eminent Domain Justification

Although federal, state and local governments are empowered to take private property under the concept of eminent domain, they may not do so without restrictions and limitations. For instance, property owners must be given just...
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Right to Seize Property

In an ordinary eminent domain action, the government is required to provide the owner of the private property with “just compensation” for their loss and any damages that they incur. However, there are a limited...
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Challenging Eminent Domain

When a citizen receives a notification informing them that the government is planning to take their property with an eminent domain action, it is common for people to assume that they have no recourse. The...
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