- eminent domain
-
em·i·nent do·main /'e-mə-nənt-/ n: the right of the government to take property from a private owner for public use by virtue of the superior dominion of its sovereignty over all lands within its jurisdiction see also condemn, expropriate, take 1b◇ The Fifth Amendment to the U.S. Constitution requires the government to compensate the owner of property taken by eminent domain, stating “nor shall private property be taken for public use, without just compensation.” State constitutions contain similar provisions requiring that the property owner receive just compensation for the property taken.
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
- eminent domain
-
I
noun
annex for public use, assume for public use, take possession for public use, usurp for public use
II
index
dominion (supreme authority)
Burton's Legal Thesaurus. William C. Burton. 2006
- eminent domain
-
n.The government’s right to take private property for public use in return for just compensation to the property owner.
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
- eminent domain
-
(USA) the power of the state to compulsorily purchase land.
Collins dictionary of law. W. J. Stewart. 2001.
- eminent domain
-
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.Category: Real Estate & Rental Property → Homeowners
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
- eminent domain
-
USAThe right of the state to take private property without the property owner's consent. The Fifth Amendment to the US Constitution requires just compensation to be given to the property owner when private property is taken by the federal government. States also have powers of eminent domain. The act of taking the private property is called condemnation or expropriation.In finance, loan agreements often require condemnation proceeds received by a borrower from a governmental taking of its property to be applied to prepay the borrower's loan (see Practice Note, Loan Agreement: Prepayment and Commitment Reduction Provisions: Recovery Events)
Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010.
- eminent domain
-
n. The government's right, upon the payment of fair compensation, to seize privately held land for a public purpose, such as the widening of a highway, or the construction of a public building; the act of exercising such a right.
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
- eminent domain
-
The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property.
Dictionary from West's Encyclopedia of American Law. 2005.
- eminent domain
-
I
The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property.II The power of the government to take private property for public use through condemnation.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
- eminent domain
-
n.the power of a governmental entity (federal, state, county or city government, school district, hospital district or other agencies) to take private real estate for public use, with or without the permission of the owner. The Fifth Amendment to the Constitution provides that "private property [may not] be taken for public use without just compensation." The Fourteenth Amendment added the requirement of just compensation to state and local government takings. The usual process includes passage of a resolution by the acquiring agency to take the property (condemnation), including a declaration of public need, followed by an appraisal, an offer, and then negotiation. If the owner is not satisfied, he/she may sue the governmental agency for a court's determination of just compensation. The government, however, becomes owner while a trial is pending if the amount of the offer is deposited in a trust account. Public uses include schools, streets and highways, parks, airports, dams, reservoirs, redevelopment, public housing, hospitals and public buildings.
Law dictionary. EdwART. 2013.
