The majority of eminent domain cases have circulated around the need for the government to try and improve transportation across the United States. In Florida, for example, eminent domain cases have been brought forward in order to try and obtain land for highways, railroads, and so on. The reality with densely populated areas is that there is not much left in terms of actual public land.
If the government needs to extend a highway or something like that, chances are they may need some private property in order to accomplish that. Outside of the need for land in order to expand and improve transportation, eminent domain can also be employed by the government in order to do a few other things.
This could include trying to expand the supply of water across the state of Florida and abroad, as well as construct buildings for public, improve defenses of our borders, and so on. The power of eminent domain is pretty vast in terms of what the federal and even state governments can do.
As long as they can prove that the property, whether it be tangible or intangible, is needed for the betterment of the public, they can proceed to obtain that property. The only big requirement on the part of the government outside of that is to provide fair market value. Eminent domain has been around now for well over one-hundred years in the United States and it is not going away. If you are a property owner in any way, which just about all of us are, it is important to know and understand the history behind the power that the government holds.
If you are ever to face such a claim of eminent domain, an expert attorney in the field in Florida can also be of great assistance. Knowledge is very powerful when dealing with the government and eminent domain. I Accept Show Purposes. Your Money. Personal Finance.
Your Practice. Popular Courses. What Is Eminent Domain? Key Takeaways Eminent domain is the right of governments like the United States to usurp private property for public use, following fair compensation. Everything from airspace, land, and contract rights to intellectual property is subject to eminent domain if a case can be made for its public use.
The legal debate surrounding unfair invoking of eminent domain, such as when property owners are not fairly compensated, is called inverse condemnation.
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You can learn more about the standards we follow in producing accurate, unbiased content in our editorial policy. Compare Accounts. The offers that appear in this table are from partnerships from which Investopedia receives compensation. This compensation may impact how and where listings appear. Investopedia does not include all offers available in the marketplace. Condemnation is when a government orders a dwelling, building, or other property to be vacated and kept vacant. Just Compensation Definition Just compensation refers to the compensation individuals receive when their property gets seized by the government for public use.
Requisitioned Property Definition Requisitioned property is property that is involuntarily seized by a governmental authority for any reason. Expropriation Expropriation is when the government seizes privately owned property to be used for the benefit of the public.
Pro Tanto Pro tanto is a Latin phrase meaning "only to that extent" and is associated with a partial payment on a legal claim. What Is Due Process? Due process is a requirement that legal matters be resolved according to established rules and principles and that individuals be treated fairly. Partner Links. Related Articles. For most of the 19 th and early 20 th centuries, governments permitted eminent domain to be used only for true public uses, such as roads, bridges, parks, and public buildings and facilities.
The courts began authorizing a slight expansion of the power when they allowed private companies like railroads and public utilities to take property for the laying of railroad tracks and transmission lines—but these companies were tightly regulated and had to provide the public equal access to the rail lines or utilities.
In this case coming out of Washington, D. In addition, many state supreme courts adopted the rationale of Berman, reading their public use clauses the same way. Continuing down this slippery slope, governments began to bypass the charade of declaring an area blighted and instead used eminent domain to take homes and businesses so that the land could be given to other private parties who the government believed would produce more tax revenue than the current owners.
In the Poletown decision, the Michigan Supreme Court allowed the City of Detroit to bulldoze an entire neighborhood, complete with more than 1, residences, businesses, and numerous churches, in order to give the property to General Motors for an auto plant. This case set the precedent, both in Michigan and across the country, for widespread abuse of the power of eminent domain for private development. Three years later, the U.
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