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Eminent Domain Basics

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Public Use

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The requirement that property acquired by eminent domain must be used for a project that benefits the public, such as highways or parks.

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Quick-Take Authority

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A legal provision that allows a government to immediately take possession of property prior to determining compensation.

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Land Assembly

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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.

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Inverse Condemnation

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A legal action brought by a property owner against the government to obtain the required compensation for an informal taking of property.

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Regulatory Taking

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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.

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Just Compensation

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The requirement under the Fifth Amendment that the government must provide a property owner with fair market value for property taken under eminent domain.

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Blighted Area

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A term used in eminent domain to describe an urban area in poor condition, often used as a justification for redevelopment by the government.

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Takings Clause

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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.'

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Eminent Domain

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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.

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Condemnation

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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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