Eminent domain Guide, Meaning , Facts, Information and Description
Eminent domain is a term in law to describe the power of the state to appropriate private property for public use. In its broadest sense, it is the concept of the right which the state has to perform such activities as taxation, expropriation and condemnation.More narrowly, it is used to describe the power of government to confiscate private property for government use. Governments most commonly use the power of eminent domain when the acquisition of real property is necessary for the completion of a public project such as a road, but the owner of the required property is unwilling to negotiate a price for its sale.
In many jurisdictions the power of eminent domain is tempered with a right that just compensation be made for the appropriation.
The term expropriation is often seen as synonymous with "eminent domain" and may especially be used with regard to jurisdictions which do not pay compensation for the confiscated property.
The term condemnation can also be used, particularly to describe the legal process whereby real property, generally a building, is deemed legally unfit for habitation due to its physical defects.
The exercise of eminent domain is not limited merely to real property. Governments may also condemn the value in a contract such as a franchise agreement (which is why many franchise agreements will stipulate that in condemnation proceedings, the franchise itself has no value).
In the United States, the Fifth Amendment to the Constitution requires that just compensation be paid when the power of eminent domain is used, and requires that "public use" of the property be demonstrated. Over the years the definition of "public use" has expanded to include economic development schemes which use eminent domain to displace private homes and businesses in order to transfer it to private developments that are more profitable. In 1981, in Michigan, the Supreme Court of Michigan, building on the precedent set by Berman v. Parker, 348 U.S. 26 (1954) [1], permited the neighborhood of Poletown to be taken in order to build a General Motors plant. Courts in other states relied on this decision, which was overturned in 2004 [1], as precedent. This expansion of the definition is before the United States Supreme Court in the fall of 2004 [1], [1], Kelo et al. vs. City of New London.
In many European nations, the European Convention on Human Rights provides protection from appropriation of private property by the state. Article 8 of the Convention provides that "Everyone has the right to respect for his private and family life, his home and his correspondence" and prohibits interference with this right by the state, unless the interference is in accordance with law and necessary in the interests of national security, public safety, economic well-being of the country, prevention of disorder or crime, protection of health or morals, or protection of the rights and freedoms of others. This right is expanded by Article 1 of the First Protocol to the Convention, which states that "Every natural person or legal person is entitled to the peaceful enjoyment of his possessions." Again, this is subject to exceptions where state deprivation of private possessions is in the public interest, is in accordance with law, and, in particular, to secure payment of taxes).
In other cases eminent domain has been used by communities to take control planning and development. Such is the case of the Dudley Street Initiative [1], a community group in Boston who attained the right to eminent domain and have used it to reclaim vacant properties in the purpose of positive community development.
In France, the Declaration of the Rights of Man and of the Citizen similarly mandates just and preliminary compensation before expropriation.
In England and Wales, and other jurisdictions that follow the principles of English Law, the related term compulsory purchase is more commonly used.
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