Definition

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Eminent domain is the power of the sovereign (or government) to take private property for a public use.

Fambrough, Judon. Understanding the Condemnation Process in Texas. Real Estate Center, 1995.

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    The power to take private property for public use by the state, municipalities, and private persons or corporations authorized to exercise functions of public character.

    BLACK’s LAW DICTIONARY 470 (5th ed. 1979). Cited in: Shimazaki, Junji. “Land Use Takings and the Problem of Ripeness in the United States Supreme Court Cases.” BYU J. Pub. L. 1 (1986): 375.

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    The right of the state to take private property for public use after giving fair compensation to the owner.

    California Superior Court. “English Legal Glossary” (2005)

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    Eminent domain is the power to take private property for public use by condemnation, i.e., the legal process by which real estate of a private owner is taken for public use without the owner's consent, but upon the award and payment of just compensation

    New York State Unified Court System. “Glossary of Legal Terms” (2016)

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    The power of the government to take private property for public use through condemnation.

    National Center for State Courts. “Glossary of Commonly Used Court & Justice System Terminology”, Rev. 2/8/11 (2011)

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    The power of the state, or of those to whom the power has been lawfully delegated, to take private property for “public use.” See “condemnation” in this glossary.

    Missouri Press-Bar Commission. “News Reporter’s Legal Glossary” (2009)

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    The lawful power to take private property for public use by the process of condemnation.

    State Bar of Wisconsin. “News Reporters’ Legal Handbook”, 6th Ed. (2013)

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    The power of eminent domain is defined as "a right in the government, acting in the interest ofthe whole public to force the owner of the property to sell the same to the public, from whom histitle originally came, and subject to whose needs it is always held."

    State Bar of Wisconsin. “News Reporters’ Legal Handbook”, 6th Ed. (2013)

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    Eminent domain is defined as the right ofpublic authority to take private property without the owner's consent.

    Edens, David C. “Eminent Domain, Equity and the Allocation of Resources.” Land Economics 46.3 (1970): 314-322.

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    Eminent domain is defined as "[t] he inherent power of a governmental entity to take privately owned property, [especially] land, and convert it to public use, subject to reasonable compensation for the taking."

    Stanton, Erin A. “Home Team Advantage: The Taking of Private Property for Sports Stadiums.” NY City L. Rev. 9 (2005): 93.

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    Eminent domain is "the power of a nation or a sovereign state to take or to authorise the taking of private property for public use without the owner's consent, conditioned upon the payment of compensation".

    Rai, Kavita. “The dynamics of social inequality in the Kali Gandaki ‘A’Dam project in Nepal: The politics of patronage.” Hydro Nepal: Journal of Water, Energy and Environment 1 (2008): 22-28.

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    Eminent domain is the power to seize private property for publicuse by the federal government, a state, municipality, private person or corporation which isauthorized to exercise functions of public character

    Cancelliere, Chelsea L. “The Adverse Effects of Eminent Domain On Carolina Courts.” Wingate Research Review: 62.

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    The right of society, or of the sovereign, to dispose,in case of necessity, and for the public safety, of all the wealth contained in the state.

    Ambaye, Daniel Weldegebriel. “The history of expropriation in Ethiopian law.” Mizan Law Review 7.2 (2013): 283-308.

The right of eminent domain is the right of the state, through its regular organization, to reassert, either temporarily or permanently, its dominion over any portion of the soil of the state on account of public exigency and for the public good. Thus, in time of war or insurrection, the proper authorities may possess and hold any part of the territory of the state for the common safety; and in time of peace the legislature may authorize the appropriation of the same to public purposes, such as the opening of roads, construction of defenses, or providing channels for trade or travel. Eminent do-main is the highest and most exact idea of property remaining in the government, or in the aggregate body of the people in their sovereign capacity. It gives a right to resume the possession of the property in the manner directed by the constitution and the laws of the state, whenever the public interest requires it.

BLACK’s LAW DICTIONARY 470 (5th ed. 1979). Cited in: Shimazaki, Junji. “Land Use Takings and the Problem of Ripeness in the United States Supreme Court Cases.” BYU J. Pub. L. 1 (1986): 375.