Public Domain - Law Dictionary Search Results
Home Dictionary Name: public domain Page: 2eminent 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. ...
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....
requisition
requisition 1 : the taking of property by a public authority for a public use : the exercise of the power of eminent domain 2 : a formal demand made by one international jurisdiction (as a nation) upon another for the surrender or extradition of a fugitive from justice in accordance with an extradition treaty ...
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 ...
Lawful, Legal
Lawful, Legal, legal and litigious, Litigious and lawful possession are concepts of varying legal shades deriving their colour from the setting in which they emerge. Epithet used itself indicates the filed in which they operate. The one pertains to disputed in which possession may be coterminous with physical or de facto control, only, whereas the domain of other is control with some legal basis. The former may be uncertain in character and may even be without any basis or interest but the latter is founded on some rule, sanction or excuse. Dictionarily 'litigious' means 'disputed' (Concise Oxford Dictionary) or 'disputable' or 'marked by intention to quarrel' (Webster Third New International Dictionary), 'inviting controversy', 'relating to or marked by litigation', 'that which is the subject of law suit'. (Black's Law Dictionary) Lawful on the other hand is defined as, 'legal, warranted or authorised by law'. Jurisprudentially a person in physical control or de facto possession may h...
- << Prev.
- Next >>