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Eminent Domain Basics
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Public Use
The requirement that property acquired by eminent domain must be used for a project that benefits the public, such as highways or parks.
Quick-Take Authority
A legal provision that allows a government to immediately take possession of property prior to determining compensation.
Land Assembly
The process of forming a large tract of land by acquiring a series of adjoining lots, sometimes facilitated by eminent domain for large-scale projects.
Inverse Condemnation
A legal action brought by a property owner against the government to obtain the required compensation for an informal taking of property.
Regulatory Taking
When government regulation limits the use of private property to such a degree that it effectively amounts to an eminent domain taking, requiring just compensation.
Just Compensation
The requirement under the Fifth Amendment that the government must provide a property owner with fair market value for property taken under eminent domain.
Blighted Area
A term used in eminent domain to describe an urban area in poor condition, often used as a justification for redevelopment by the government.
Takings Clause
A provision in the Fifth Amendment to the U.S. Constitution that states 'nor shall private property be taken for public use, without just compensation.'
Eminent Domain
The power of a state or national government to take private property for public use while requiring just compensation to be paid to the owner.
Condemnation
The legal process by which the government takes private property under eminent domain, including determining the property's value and ensuring just compensation.
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