Eminent Domain Definition Kid Version

Eminent domain is a controversial topic.

Eminent domain definition kid version. Eminent domain also called condemnation or expropriation power of government to take private property for public use without the owner s consent. It can be legislatively delegated by the state to municipalities government subdivisions or even to private persons or corporations when they are authorized to exercise the functions of public character. Constitutional provisions in most countries require the payment of compensation to the owner.

Though taking property may be necessary for the public good particularly in the case of health and safety it is sometimes difficult to forcibly separate a person from his or her property. Eminent domain definition is a right of a government to take private property for public use by virtue of the superior dominion of the sovereign power over all lands within its jurisdiction. In law eminent domainis the power of the state to appropriate private propertyfor its own use without the owner s consent.

It belongs to the legislature to decide what improvements are of sufficient importance to justify the exercise of the right of eminent domain. The definition of what constitutes a public project has been expanded by the supreme court from highways trade centers airport expansions and other utilities to. The property of subjects is under the eminent domain of the state so that the state or those who act for it may use.

Eminent domain in the united states refers to the power of a state or the federal government to take private property for public use while requiring just compensation to be given to the original owner. Trying to get property num rows of non object in var www kidsnetau dictionary content txt on line 149 search dictionary. The last section says that the government can t take a person s private property without paying them a fair price for it.

The term eminent domain was taken from the legal treatise de jure belli ac pacis on the law of war and peace written by the dutch jurist hugo grotius in 1625 which used the term dominium eminens latin for supreme ownership and described the power as follows. Definition of eminent domain notice. How to use eminent domain in a sentence.

Eminent domain abuses. This is called eminent domain. Governments most commonly use the power of eminent domain when the acquisition of real propertyis necessary for the completion of a public project such as a road and the owner of the required property is.