Eminent Domain - Law Dictionary Search Results
Home Dictionary Name: eminent domainEminent domain and police powers-distinction
Eminent domain and police powers-distinction, the concepts of eminent domain and police powers are borrowed from American law. In the exercise of its eminent domain power the State may take any property from the owner and may appropriate it for public purposes. The police and eminent domain powers are essentially distinct. Under the police power many restrictions may be imposed and the property may even be destroyed without compensation being given, whereas under the power of eminent domain, the property may be appropriated to public use on payment of compensation only, Deputy Commissioner and Collector v. Durganath Sarma, AIR 1968 SC 394 (399): (1968) 1 SCR 561....
Eminent domain
Eminent domain, the right which a Government retains over the estates of individuals to resume them for public use.The right of 'eminent domain' is the right of the sovereign State, through its regular agencies, to reassert, either temporarily or permanently, its dominion over any portion of the soil of the State including private property without its owner's consent on account of public exigency and for the public good. Eminent domain 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 the right to resume possession of the property in the manner directed by the Constitution and the laws of the State, whenever the public interest requires it. The term 'expropriation' is practically synonymous with the term 'eminent domain', Jilubhai Nanbhai Khachar v. State of Gujarat, AIR 1995 SC 142 (158): 1995 Supp (1) SCC 596.The inherent powers of governmental entity to take privately owned propert...
Police power and eminent domain
Police power and eminent domain, the police and eminent domain powers are essentially distinct. Under the police power many restrictions may be imposed and the property may even be destroyed without compensation being given, whereas under the power of eminent domain, the property may be appropriated to public use on payment of compensation only, Deputy Commissioner Collector v. Durganath Sarma, AIR 1968 SC 394 (399): (1968) 1 SCR 541....
eminent domain
eminent domain : the right of the government to take property from a private owner for public use by virtue of the superior dominion of its sovereignty over all lands within its jurisdiction see also condemn, expropriate, take NOTE: The Fifth Amendment to the U.S. Constitution requires the government to compensate the owner of property taken by eminent domain, stating “nor shall private property be taken for public use, without just compensation.” State constitutions contain similar provisions requiring that the property owner receive just compensation for the property taken. ...
corporation
corporation [Late Latin corporatio, from Latin corporare to form into a body, from corpor- corpus body] : an invisible, intangible, artificial creation of the law existing as a voluntary chartered association of individuals that has most of the rights and duties of natural persons but with perpetual existence and limited liability see also pierce compare association, partnership, sole proprietorship close corporation [klōs-] : a corporation whose shares are held by a small number of individuals (as management) and not publicly traded ;specif : small business corporation in this entry called also closely held corporation compare public corporation in this entry foreign corporation : a corporation organized under the laws of a state or government other than that in which it is doing business government corporation : public corporation in this entry moneyed corporation : a corporation (as a bank) authorized to engage in the investment, exchange, or lending of moneyed capit...
just compensation
just compensation : compensation for property taken under eminent domain that places a property owner in the same position as before the property is taken see also eminent domain NOTE: Just compensation is usually the fair market value of the property taken. Attorney's fees or expenses are usually excluded. ...
condemn
condemn 1 : to impose a penalty on ;esp : to sentence to death 2 : to adjudge unfit for use or consumption 3 : to declare convertible to public use under the right of eminent domain : take con·dem·nable [kən-dem-nə-bəl, -de-mə-] adj con·dem·na·tion [kÄ n-dem-nā-shən] n con·demn·er or con·dem·nor [kən-de-mər, -dem-nȯr] n ...
expropriate
expropriate -at·ed -at·ing : to take (property) of an individual in the exercise of state sovereignty (as by eminent domain) ex·pro·pri·a·tion [ek-sprō-prē-ā-shən] n ...
inverse condemnation
inverse condemnation : an action brought against the government by a landowner to obtain just compensation for a taking of property effected without a formal exercise of eminent domain ;also : the taking alleged in such an action ...
physical taking
physical taking : a physical invasion or occupation of private property rights by a governmental action (as building a road) that exercises the right of eminent domain and for which just compensation must be given [argued that requiring the easement constituted a physical taking] compare regulatory taking ...
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