Can someone explain "eminent domain" to me?
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Can someone explain "eminent domain" to me?
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If I owned 200 acres of land in the middle of nowhere, and the state wanted to build a highway though it, could they legally take part or all of it from me? Would they have to buy it?
If either of these are true, does not that stand in stark contrast to our identity as a free nation, where citizens ought not to be oppressed by their government?
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SaturnsRings
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"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".
In other words, it means the government can make up whatever excuse they need to take away your property, and there is virtually nothing you can do about it. And even worse is that they do not have to pay fair market value for your land. They only have to offer what THEY think it is worth, which is usually far less than what you could have received. You could try hiring an attorney, but chances are you will spend a lot of money and still lose the case. Sorry. |
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Oscar Ray
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The state would make an offer that you couldn't refuse. Well you might refuse, but it wouldn't do you any good cause the state would take it anyway for the price they offered. This is happening every day. |
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Mr Placid
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Saturn has it correct, except for that last paragraph stating that you don't get fair market value. If the government takes land by eminent domain, the government must provide "just compensation," which is going to be interpreted by every judge in the U.S. as being fair market value.
It may be in stark contrast to being a free nation, but government would hardly be able to function if it could not condemn land where necessary for the public welfare. Besides, at one time all of the land was owned by the government. The only reason some land is in private hands is because the government decided to deed some of it to private parties. |
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lawyer trainee
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Eminent domain is the right of government to take private land, usually at five times what the land is actually worth to build for public use, like highways or parks, and there is nothing that you can do about it, |
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