LAWS-310_Eminent Domain

LAWS-310_Eminent - followed by an appraisal an offer and then negotiation If the owner is not satisfied he/she may sue the governmental agency for

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
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,
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: 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...
View Full Document

This note was uploaded on 10/19/2011 for the course LAWS Spring taught by Professor Browne during the Spring '11 term at DeVry NJ.

Ask a homework question - tutors are online