In law, eminent domain is the power of the state to appropriate private property for its own use without the owner's consent. Governments most commonly use the power of eminent domain when the acquisition of real property is necessary for the completion of a public project such as a road, and the owner of the required property is unwilling to negotiate a price for its sale. This page deals with property as ownership rights. ... Real property is a type of property differentiated from personal property. ... This page is related to transport; you may be looking for the 2002 Bollywood movie Road. ...

In many jurisdictions the power of eminent domain is tempered with a right that just compensation be made for the appropriation.

The term "expropriation" is often seen as synonymous with "eminent domain" and may especially be used with regard to jurisdictions that do not pay compensation for the confiscated property. A noted example is the 1960 Cuban expropriation of property held by U.S. citizens, following the imposition of measures hostile to the recently-installed Castro regime. 1960 was a leap year starting on Friday (link will take you to calendar). ... The Republic of Cuba is an archipelago in the northern Caribbean that lies at the confluence of the Caribbean Sea, the Gulf of Mexico and the Atlantic Ocean. ... Cuban President Fidel Castro waves the Cuban flag during May Day celebrations, 2005 Fidel Alejandro Castro Ruz (born August 13, 1926), has led Cuba since 1959, when, leading the 26th of July Movement, he overthrew the dictatorship of Fulgencio Batista. ...

The term "condemnation" is used to describe the act of a government exercising its authority of eminent domain. It is not to be confused with the term of the same name that describes the legal process whereby real property, generally a building, is deemed legally unfit for habitation due to its physical defects. Condemnation via eminent domain indicates the government is taking the property; usually, the only thing that remains to be decided is the amount of just compensation. Condemnation of buildings usually occurs through health and safety hazards or gross zoning violation. In this case, the owner of the property does not lose the property, he or she merely needs to make corrections to the property to bring it up to health, safety and/or zoning codes.

The exercise of eminent domain is not limited merely to real property. Governments may also condemn the value in a contract such as a franchise agreement (which is why many franchise agreements will stipulate that in condemnation proceedings, the franchise itself has no value). A contract is any legally-enforceable promise or set of promises made by one party to another. ... Meanings of franchise: Full rights of citizenship given by a country or a town, especially suffrage (political franchise) In a wider sense: any right or privilege granted by constitution or statute. ...

In the United States, the Fifth Amendment to the Constitution requires that just compensation be paid when the power of eminent domain is used, and requires that "public use" of the property be demonstrated. Over the years the definition of "public use" has expanded to include economic development schemes which use eminent domain to displace private homes and businesses in order to transfer it to private developments that are more profitable. In 1981, in Michigan, the Supreme Court of Michigan, building on the precedent set by Berman v. Parker, 348 U.S. 26 (1954) [1] (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=348&invol=26), permitted the neighborhood of Poletown to be taken in order to build a General Motors plant. Courts in other states relied on this decision, which was overturned in 2004 [2]  (http://michiganimc.org/feature/display/6334/index.php), as precedent. This expansion of the definition was brought before the United States Supreme Court in the fall of 2004 [3] (http://www.uncommonthought.com/mtblog/archives/092904-a_new_take_on_eminen.php), in Susette Kelo et al. v. City of New London et al. [4]  (http://www.supremecourtus.gov/docket/04-108.htm), being argued in February 2005. A decision is pending. The United States of America — also referred to as the United States, the U.S.A., the U.S., America, the States, or (archaically) Columbia—is a federal republic of 50 states located primarily in central North America (with the exception of two states: Alaska and Hawaii). ... The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, guarantees several protections related to legal procedure. ... Economic development is the development of economic wealth of countries or regions for the well-being of their inhabitants. ... 1981 is a common year starting on Thursday. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, and Canada to uniquely identify the location of past court cases in special series of books called reporters. ... 1954 was a common year starting on Friday (link will take you to calendar). ... GM redirects here. ... 2004 is a leap year starting on Thursday of the Gregorian calendar. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States...

In other cases eminent domain has been used by communities to take control of planning and development. Such is the case of the Dudley Street Initiative [5] (http://www.dsni.org/), a community group in Boston who attained the right to eminent domain and have used it to reclaim vacant properties in the purpose of positive community development.

In many European nations, the European Convention on Human Rights provides protection from appropriation of private property by the state. Article 8 of the Convention provides that "Everyone has the right to respect for his private and family life, his home and his correspondence" and prohibits interference with this right by the state, unless the interference is in accordance with law and necessary in the interests of national security, public safety, economic well-being of the country, prevention of disorder or crime, protection of health or morals, or protection of the rights and freedoms of others. This right is expanded by Article 1 of the First Protocol to the Convention, which states that "Every natural person or legal person is entitled to the peaceful enjoyment of his possessions." Again, this is subject to exceptions where state deprivation of private possessions is in the public interest, is in accordance with law, and, in particular, to secure payment of taxes. The European Convention on Human Rights (1950) was adopted under the auspices of the Council of Europe† to protect human rights and fundamental freedoms. ... The European Convention on Human Rights (1950) was adopted under the auspices of the Council of Europe† to protect human rights and fundamental freedoms. ... Security measures outside the Houses of Parliament, London, England. ... The European Convention on Human Rights (1950) was adopted under the auspices of the Council of Europe† to protect human rights and fundamental freedoms. ... Public interest is a term used to denote political movements and organizations that are in the public interest—supporting general public and civic causes, in opposition of private and corporate ones (particularistic goals). ... A tax is an involuntary fee paid by individuals or businesses to a government. ...

In France, the Declaration of the Rights of Man and of the Citizen similarly mandates just and preliminary compensation before expropriation. The French Republic or France (French: République française or France) is a country whose metropolitan territory is located in western Europe, and which is further made up of a collection of overseas islands and territories located in other continents. ... Declaration of the Rights of Man and of the Citizen The Declaration of the Rights of Man and of the Citizen, ( French: La Déclaration des Droits de lHomme et du citoyen), is one of the fundamental documents of the French Revolution, defining a set of individual rights (and collective...

In England and Wales, and other jurisdictions that follow the principles of English law, the related term compulsory purchase is more commonly used. Royal motto: Dieu et mon droit (French: God and my right) Englands location within the UK Official language English de facto Capital London de facto Largest city London Area  - Total Ranked 1st UK 130,395 km² Population  - Total (2001)  - Density Ranked 1st UK 49,138,831 377/km² Religion... For alternate meanings, see Wales (disambiguation) National motto: Cymru am byth (Welsh: Wales for ever) Official languages: English and Welsh Capital: Cardiff First Minister: Rhodri Morgan AM Area  - Total:  - % water: Ranked 3rd UK 20,779 km² xx% Population  - Total (2001):  - Density: Ranked 3rd UK 2,903,085 140/km² NUTS... English law, the law of England and Wales (but not Scotland and Northern Ireland) is considered by some to be one of Britains great gifts to the world. ...

Etymology

The Latin term dominium eminens ("supreme lordship") was used in the 17th century by Grotius to describe the concept explained above. Latin - Wikipedia /**/ @import /skins/monobook/IE50Fixes. ... (16th century - 17th century - 18th century - more centuries) As a means of recording the passage of time, the 17th century was that century which lasted from 1601-1700. ... Hugo Grotius Hugo Grotius (Huig de Groot, or Hugo de Groot; 10th April 1583 - 28th August 1645) worked as a jurist in the Dutch Republic and laid the foundations for international law, based on natural law. ...

Further reading

• Steven Greenhut, Abuse Of Power: How The Government Misuses Eminent Domain, Seven Locks Press, June, 2004, trade paperback, 312 pages, ISBN 1931643377

External links

• "Panelists discuss eminent domain" by Thomas Ott, Cleveland Plain Dealer, September 30, 2004 (http://www.cleveland.com/news/plaindealer/index.ssf?/base/cuyahoga/1096536915218230.xml)
• Commentary in The Washington Times by Dana Berliner, 2004 (http://www.washtimes.com/commentary/20040904-104702-3620r.htm)
• "GOVERNMENT VS. PRIVATE PROPERTY OWNERS: DCX expansion forces small repair shop to give up land" Sarah A. Webster, August 17, 2004, Detroit Free Press (http://www.freep.com/money/autonews/jeep17e_20040817.htm)
• "Eminent Domain Nightmares: (http://www.newpatriot.us/node/15) Interview with Dino Paspalakis on his fight against eminent domain abuse" Interviewer: Bill Mabon, February 8, 2005, NewPatriot Radio