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The most common uses of property taken by eminent domain have been for roads, government buildings and public utilities. Many railroads were given the right of eminent domain to obtain land or easements in order to build and connect rail networks. In the mid-20th century, a new application of eminent domain was pioneered, in which the ...
Both cases, dealing with the Fifth Amendment's eminent-domain clause, focus on its meaning in relation to the construction of an entity which damages private property. In Eaton , the damage is a subsidiary effect of the removal of a natural land barrier by a railroad during the construction of a road required to continue construction of a ...
Railroads have long had the power of eminent domain, but Georgia law says such land seizures must be for “public use.” Opponents targeted the project by saying it would only benefit the quarry.
A survey of eminent domain law in the United States conducted by the Texas A&M University School of Law in 2017 found three common legal issues that occur after a state or local government initiates a taking. [21]
The Law of Eminent Domain; A Treatise on the Principles which Affect the Taking of Property for the Public Use. Vol. I. Albany, New York: Matthew Bender & Company. OCLC 43697002 – via Internet Archive. Nichols, Philip (1917). The Law of Eminent Domain; A Treatise on the Principles which Affect the Taking of Property for the Public Use. Vol. II.
Jul. 23—The Texas Supreme Court recently affirmed in a 5-3 decision that Texas Central has the right to exercise eminent domain power in building the proposed high speed rail from Dallas to Houston.
This power of eminent domain is not only a privilege of the federal, but also state governments. While the petitioners protest that no act of the United States Congress was used to determine the details of the acquisition, the Court ruled such legislation appropriate but unnecessary; it did not prevent the right to acquire land from being ...
The legal doctrine of eminent domain (also known as compulsory purchase, resumption, compulsory acquisition or expropriation). Subcategories This category has the following 3 subcategories, out of 3 total.