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Eminent Domain and Land Acquisition

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Expropriation

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A synonym for eminent domain outside the United States, or a legal taking of property with compensation. In transportation relevance, expropriation is necessary for acquiring land to build transport facilities.

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Takings Clause

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A provision in the Fifth Amendment stating that private property cannot be taken for public use without just compensation. This clause is a fundamental element in the land acquisition for transportation projects.

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Inverse Condemnation Compensation

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The compensation awarded to a property owner when it is proven that the government has taken property without formal condemnation proceedings. In transportation, this could be damage due to noise, pollution, or access restrictions from a new transport project.

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Land Acquisition

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The process by which a government acquires private land for public purposes, such as infrastructure development. In transportation, it is critical for expanding or constructing new transport facilities.

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Necessity

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A principle stating that property can only be taken for eminent domain if it is necessary for a public project. In transportation, this principle is applied when land is needed for crucial infrastructure like highways.

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Relocation Assistance

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The services and payments provided to displaced individuals, families, businesses, and others moved because of federal projects. For transportation projects, it includes assistance in finding new homes or business sites.

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Environmental Impact Statement (EIS)

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A document required by the National Environmental Policy Act for federal activities significantly affecting the quality of the human environment. In transportation planning, an EIS assesses the potential impact of new transport projects.

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Eminent Domain

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The right of a government or its agent to expropriate private property for public use, with payment of compensation. In transportation relevance, this is commonly used to acquire land for highways, railroads, or airports.

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Mitigation Measures

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Steps taken to alleviate adverse effects of development on the environment. In transportation, this might involve creating noise barriers or protecting wildlife habitats during roadway construction.

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Condemnation

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The legal process of transferring private property to the government for public use under eminent domain, often associated with compensation disputes. In transportation, property might be condemned to build a new road or transit system.

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Quick-Take

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A legal procedure that allows the government to obtain immediate possession of property in eminent domain before the final compensation is determined. In transportation, this allows for continued progress on critical projects without delay.

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Right of Way

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The legal right to pass through property owned by another. In transportation, it refers to the strip of land over which facilities such as roads, rail tracks, or power lines are built.

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Police Power

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The capacity of a government to regulate behavior and enforce order within its territory. In transportation, this power can be used to regulate traffic, parking, and enforce transportation-related laws.

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Inverse Condemnation

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A legal action brought by a property owner against the government for taking property without just compensation. In transportation, it may occur when a project indirectly damages property without direct acquisition.

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Tax Increment Financing (TIF)

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A public financing method that is used for subsidizing redevelopment, infrastructure, and other community improvement projects. In transportation, TIF can help fund the improvement of transit-oriented developments.

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Zoning

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The legislative process for dividing land into zones for different purposes, such as residential, industrial, commercial areas. In transportation engineering, zoning dictates where roads or railways can be placed and their integration with land use planning.

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Public Use

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The use of land or property to benefit the public or a segment of the public. In transportation, roads, bridges, and public transit systems are typical examples of public use projects.

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Easement

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A non-possessory right to use and/or enter onto the real property of another without possessing it. For transportation, easements may be granted for utility lines or access roads that intersect with private land.

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Just Compensation

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The requirement under the Fifth Amendment that provides fair market value payment to a property owner whose property is taken under the power of eminent domain. In transportation, this compensation is for land needed for transportation projects.

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Blight

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A term used to describe the decline and dilapidation of a property or area, often used to justify eminent domain. In transportation, clearing blighted areas can be part of urban renewal projects including new transport systems.

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