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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.
Eminent domain has been used to acquire land from African-Americans for urban renewal redevelopments [25] and in other cases to dispossess them and remove them from areas where their presence was not desired by white neighbors, e.g. Bruce's Beach subdivision in Los Angeles, California. [26]
The Fifth Amendment's Takings clause does not provide for the compensation of relocation expenses if the government takes a citizen's property. [1] Therefore, until 1962, citizens displaced by a federal project were guaranteed just compensation for the property taken by the government, but had no legal right or benefit for the expenses they paid to relocate.
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.
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.
Building national infrastructure, such as railways, housing, and sewerage, needs compulsory purchase, because: private owners might not give up land needed for public works except at an extortionate price; private owners may unduly delay sale of land (and thereby delay the meeting of the public need for a project);
In the United States, railbanking was established in 1983 as an amendment to Section 8(d) of the National Trails System Act. It is a voluntary agreement between a railroad company and a trail sponsor (such as a trail organization or government agency) to use an out-of-service rail corridor as a trail until a railroad might need the corridor again for rail service.
Dominium utile (or utile domain): the tenant's estate encompassing the rights to enjoy (use), make improvements to, or profit from property, and to keep the income or profit; includes e.g. the right to occupy and dwell on land and the right to keep the fructus naturales and emblements from agriculture.