Eminent domain in the United States

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 authorized to exercise the functions of public character.[1]

Property taken by eminent domain may be for government use or by delegation to third parties, who will devote it to public or civic use or, in some cases, to economic development. The most common uses are for government buildings and other facilities, public utilities, highways and railroads. However, it may also be taken for reasons of public safety, as in the case of Centralia, Pennsylvania, where land was taken due to an underground mine fire.[2] Some jurisdictions require that the condemnor make an offer to purchase the subject property, before resorting to the use of eminent domain.[3]

  1. ^ Lehman, Jeffrey; Phelps, Shirelle (2005). West's Encyclopedia of American Law, Vol. 4 (2 ed.). Thomson/Gale. ISBN 978-0787663704.
  2. ^ "Final Centralia, Pa., residents can live out lives in town atop burning mine". Associated Press. 31 Oct 2013. Retrieved 17 May 2017.
  3. ^ "State of Texas Landowner's Bill of Rights" (PDF). The Attorney General of Texas. Office of the Attorney General of Texas. Retrieved 17 May 2017.

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