Eminent Domain (1).pdf - Homework 2-1 Madison Malaga...

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Homework 2-1 Madison Malaga Eminent domain is the power of a state, provincial, or national government to take private property for public use. However, this power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functions of public character. In the Anglo-American historical context, property taken could be used only by the government taking the property in question. The most common uses of property taken by eminent domain have been for roads and government buildings and other facilities, public utilities. However, in the mid-20th century, a new application of eminent domain was pioneered, in which the government could take the property and transfer it to a private third party. This was initially done only to "blighted" property, on the principle that such properties had a negative impact upon surrounding property owners, but was later expanded to allow the taking of any
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