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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.
The case deals with the legal concepts of eminent domain and strict liability (which received attention as a result of the need to address new and expanding issues created by the emergence and growth of railroads in the United States during the nineteenth century), [3] and occupies a significant place in the historical background of eminent ...
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 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 ...
A Treatise on the Law of Eminent Domain in the United States. Chicago, Illinois: Callaghan & Company. LCCN 13010152. OCLC 1668306. Nichols, Philip (1917). 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.
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.
Justice Harlan argued that the concept of due process of law required fair compensation to be given for any private property seized by the state. In responding to the City of Chicago's claim that due process of law was served merely by allowing the railroad company's grievance to be heard, Harlan stated that satisfying legislative procedure alone is not enough to satisfy due process: "In ...
The legal doctrine of eminent domain ... Takings Clause case law (62 P) ... Eaton v. Boston, Concord & Montreal Rail Road;