EMINENT DOMAIN Meaning and
Definition
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Eminent domain refers to a legal doctrine that grants the government the authority to seize private property for public use, without the owner's consent, provided that just compensation is provided. This concept is rooted in the Fifth Amendment of the United States Constitution, which states that private property shall not be taken for public use without just compensation.
This power allows the government, or authorized agencies, to acquire land or property needed for various public purposes such as the construction of highways, bridges, schools, public parks, pipelines, or other infrastructure projects. It is typically seen as a measure to promote the greater good of society, as the acquisition aims to serve the public interest or enhance public welfare.
Just compensation, as required by the Constitution, implies that the property owner must be fairly paid for their loss when their property is acquired through eminent domain. The determination of fair compensation often involves appraisals to assess the market value of the property being taken.
While eminent domain serves a public purpose, it is also subject to legal limitations. The government must demonstrate that the taking of the property is necessary, reasonable, and directly serves a public need. The process typically involves providing notice to the property owner, offering fair compensation, and providing an opportunity for the owner to challenge the taking or negotiate the compensation amount through judicial review.
Common Misspellings for EMINENT DOMAIN
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Etymology of EMINENT DOMAIN
The term eminent domain has its roots in Latin. The word eminent comes from the Latin word eminens, which means prominent or projecting. The word domain comes from the Latin word dominum, meaning property or ownership. When combined, eminent domain refers to the power of the government to seize private property for public use, with compensation to the owner. This term originated from the Latin phrase dominium eminens, which roughly translates to supreme ownership.
