Condemnation

The term “condemnation” is used to define the situation wherein a local, state, or federal government seizes a citizen’s property, then compensates the owner for what was seized. An example of condemnation is a piece of property being condemned by the government due to a carbon monoxide leak. The owners of the property will be forced to move out, and […]

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Inverse Condemnation

The term inverse condemnation refers to the taking or damaging of a person’s real property by a government entity, without payment of just compensation. This issue is related to the government’s responsibility under the Fifth Amendment’s eminent domain provision. In such cases, the property owner is faced with the prospect of suing the government in order to obtain compensation. To […]

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Expropriation

Expropriation is the taking over of privately owned property by the government. The government may engage in expropriation for purposes that are said to be beneficial to the general public. The Fifth Amendment to the United States’ Constitution provides that private property cannot be expropriated without paying the owner of the property adequate compensation. To explore this concept, consider the […]

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Eminent Domain

The Fifth Amendment to the U.S. Constitution forbids the taking of private property for public use without “just compensation.” The authority of Federal, state, and local governments to take private property for public use, providing just compensation to the owner, is called “eminent domain.” Real estate, or land, is not the only property subject to eminent domain law, but water […]

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