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Most states use the term eminent domain, but some U.S. states use the term appropriation or expropriation (Louisiana) as synonyms for the exercise of eminent domain powers. [47] [48] The term condemnation is used to describe the formal act of exercising the power to transfer title or some lesser interest in the subject property.
That view ended in 1896 when, in the Chicago, Burlington & Quincy Railroad Co. v. City of Chicago case, the court held that the eminent domain provisions of the Fifth Amendment were incorporated in the Due Process Clause of the Fourteenth Amendment and thus were now binding on the states, or in other words, when the states take private property ...
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.
A hearing on Tuesday raised questions about a railroad company’s use of eminent domain in one of Georgia’s poorest areas. After three days of hearings in November, an officer for the Georgia ...
Lawyers representing the property owners and the No Railroad in Our Community Coalition, which formed to stop the railroad’s construction, say that Sandersville has not met the requirements of Georgia’s eminent domain law. The law requires the company to show that the railroad will serve a public use and needs the line for business.
Public use is a legal requirement under the Takings Clause ("nor shall private property be taken for public use without just compensation") of the Fifth Amendment of the U.S. Constitution, that owners of property seized by eminent domain for "public use" be paid "just compensation."
Urban decay is often the result of inter-related socio-economic issues, including urban planning decisions, economic deprivation of the local populace, the construction of freeways and railroad lines that bypass or run through the area, [2] depopulation by suburbanization of peripheral lands, real estate neighborhood redlining, [3] and ...
First, the Southern Pacific Railroad tried to take her land, so, according to the city of Malibu: Upon hearing of the Southern Pacific's plans, Mr. Rindge decided to build a private railroad through his ranch to keep the bigger railroad company out of his domain. A little-known law prevented duplication of an existing railroad line.