eminent domain
em·i·nent do·main /'e-mə-nənt-/ n: the right of the government to take property from a private owner for public use by virtue of the superior dominion of its sovereignty over all lands within its jurisdiction see also condemn, expropriate, take 1b
◇ The Fifth Amendment to the U.S. Constitution requires the government to compensate the owner of property taken by eminent domain, stating “nor shall private property be taken for public use, without just compensation.” State constitutions contain similar provisions requiring that the property owner receive just compensation for the property taken.

Merriam-Webster’s Dictionary of Law. . 1996.

eminent domain
I noun annex for public use, assume for public use, take possession for public use, usurp for public use II index dominion (supreme authority)

Burton's Legal Thesaurus. . 2006


eminent domain
n.
The government’s right to take private property for public use in return for just compensation to the property owner.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


eminent domain
(USA) the power of the state to compulsorily purchase land.

Collins dictionary of law. . 2001.


eminent domain
The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the United States Constitution allows the government to take private property if the taking is for a public use and the owner is "justly compensated" (usually, paid fair market value) for his or her loss. A public use is virtually anything that is sanctioned by a federal or state legislative body, but such uses may include roads, parks, reservoirs, schools, hospitals, or other public buildings. Sometimes called condemnation, taking, or expropriation.
Category: Real Estate & Rental Property → Homeowners

Nolo’s Plain-English Law Dictionary. . 2009.

eminent domain
USA
The right of the state to take private property without the property owner's consent. The Fifth Amendment to the US Constitution requires just compensation to be given to the property owner when private property is taken by the federal government. States also have powers of eminent domain. The act of taking the private property is called condemnation or expropriation.
In finance, loan agreements often require condemnation proceeds received by a borrower from a governmental taking of its property to be applied to prepay the borrower's loan (see Practice Note, Loan Agreement: Prepayment and Commitment Reduction Provisions: Recovery Events)

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.


eminent domain
n. The government's right, upon the payment of fair compensation, to seize privately held land for a public purpose, such as the widening of a highway, or the construction of a public building; the act of exercising such a right.

Webster's New World Law Dictionary. . 2000.


eminent domain
The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property.

Dictionary from West's Encyclopedia of American Law. 2005.


eminent domain
I
The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property.
II The power of the government to take private property for public use through condemnation.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

eminent domain
n.
   the power of a governmental entity (federal, state, county or city government, school district, hospital district or other agencies) to take private real estate for public use, with or without the permission of the owner. The Fifth Amendment to the Constitution provides that "private property [may not] be taken for public use without just compensation." The Fourteenth Amendment added the requirement of just compensation to state and local government takings. The usual process includes passage of a resolution by the acquiring agency to take the property (condemnation), including a declaration of public need, followed by an appraisal, an offer, and then negotiation. If the owner is not satisfied, he/she may sue the governmental agency for a court's determination of just compensation. The government, however, becomes owner while a trial is pending if the amount of the offer is deposited in a trust account. Public uses include schools, streets and highways, parks, airports, dams, reservoirs, redevelopment, public housing, hospitals and public buildings.
   See also: condemn, condemnation

Law dictionary. . 2013.

Look at other dictionaries:

  • Eminent domain — (United States), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption/compulsory acquisition (Australia), or expropriation (South Africa and Canada) is an action of the state to seize a citizen s private property, expropriate… …   Wikipedia

  • eminent domain — ☆ eminent domain n. Law the right of a government to take, or to authorize the taking of, private property for public use, just compensation being given to the owner …   English World dictionary

  • eminent domain — /emanant dameyn/ The power to take private property for public use by the state, municipalities, and private persons or corporations authorized to exercise functions of public character. Housing Authority of Cherokee National of Oklahoma v.… …   Black's law dictionary

  • eminent domain — /emanant dameyn/ The power to take private property for public use by the state, municipalities, and private persons or corporations authorized to exercise functions of public character. Housing Authority of Cherokee National of Oklahoma v.… …   Black's law dictionary

  • eminent domain — noun the right of the state to take private property for public use; the Fifth Amendment that was added to the Constitution of the United States requires that just compensation be made (Freq. 1) • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑legal… …   Useful english dictionary

  • eminent domain — Law. the power of the state to take private property for public use with payment of compensation to the owner. [1730 40] * * * Government power to take private property for public use without the owner s consent. Constitutional provisions in most …   Universalium

  • Eminent Domain — The power the government has to obtain the property of an individual even without the person s full consent. In most countries, including the U.S., the land owner will be compensated for the land at fair market value. This power allows the… …   Investment dictionary

  • eminent domain — The power of a government to acquire private property for public purposes. It is used frequently to obtain real property that cannot be purchased from owners in a voluntary transaction. When the power of eminent domain is exercised, owners… …   Financial and business terms

  • eminent domain — noun (US) The right of a government over the lands within its jurisdiction. Usually invoked to compel land owners to sell their property in preparation for a major construction project such as a freeway. :: The city council used eminent domain to …   Wiktionary

  • eminent domain — The power of the nation or a sovereign state to take, or to authorize the taking of, private property for a public use without the owner s consent, conditioned upon the payment of a just compensation. 26 Am J2d Em D § 1. The theory of such power …   Ballentine's law dictionary

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