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In the United States, eminent domain is the power of a state or the federal government to take private property for public use while requiring just compensation to be given to the original owner. It can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are ...
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 ...
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 ...
Steam locomotives of the Chicago and North Western Railway in the roundhouse at the Chicago, Illinois rail yards, 1942. The Timeline of U.S. Railway History depends upon the definition of a railway, as follows: A means of conveyance of passengers and goods on wheeled vehicles running on rails, also known as tracks.
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.
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 ...