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Eminent Domain and Property Rights

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Inverse Condemnation

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A legal action taken by a property owner against the government for taking property without the proper exercise of eminent domain.

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Just Compensation

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Payment that is fair to both the owner and the public when property is taken under eminent domain.

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Condemnation

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The legal process of exercising eminent domain to transfer title and possession of property from a private owner to the government.

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Takings Clause

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A provision in the Fifth Amendment of the U.S. Constitution that guarantees just compensation to private property owners when their property is taken for public use.

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Regulatory Takings

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Occurs when government regulations limit the use of private property to such a degree that the regulation effectively takes the property.

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Eminent Domain

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The power of the government to take private property and convert it into public use with just compensation for the owner.

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Urban Renewal

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A program of land redevelopment in areas of moderate to high-density urban land use, which may involve eminent domain.

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Public Use

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The utilitarian standard that property taken under eminent domain must be used to benefit the public.

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Blighted Property

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Property that is deemed to be dilapidated, unsafe, or an economic liability, often targeted for redevelopment under eminent domain.

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Land Use Planning

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The process by which governments regulate the use of land and resources to prevent conflicts and promote sustainable development.

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