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eminent domain definition
the power of a governmental entity (federal, state, county or city government, school
district, hospital district or other agencies) to take private real estate for public
use, with or without the permission of the owner. The Fifth Amendment to the Constitution
provides that "private property [may not] be taken for public use without just compensation.
" The Fourteenth Amendment added the requirement of just compensation to state and
local government takings. The usual process includes passage of a resolution by
the acquiring agency to take the property (condemnation), including a declaration
of public need, followed by an appraisal, an offer, and then negotiation. If the
owner is not satisfied, he/she may sue the governmental agency for a court's determination
of just compensation. The government, however, becomes owner while a trial is pending
if the amount of the offer is deposited in a trust account. Public uses include
schools, streets and highways, parks, airports, dams, reservoirs, redevelopment,
public housing, hospitals and public buildings.
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