eminent domain

noun

Definition of eminent domain

: a right of a government to take private property for public use by virtue of the superior dominion of the sovereign power over all lands within its jurisdiction

Examples of eminent domain in a Sentence

The state took the homes by eminent domain to build the new road.

Recent Examples on the Web

Eventually, the district could use eminent domain to take thousands of acres from Jin, but that could result in a costly legal battle. — Paul Rogers, The Mercury News, "Environment report out on new $1 billion dam proposed for Santa Clara County," 9 Aug. 2019 Both fought City Hall's use of eminent domain to remake that part of the city. — Robert Wilonsky, Dallas News, "Police ID suspect in crash that killed former Dallas City Council member Carolyn Davis and critically injured her daughter," 16 July 2019 Howard County officials have rescinded an offer to purchase a key property needed to complete the plan to reduce future flooding in historic Ellicott City — leaving open the possibility of eminent domain. — Erin B. Logan, baltimoresun.com, "Howard pulls offer on building needed for Ellicott City flood plan, leaving open possibility of eminent domain," 24 June 2019 At the start of the 2000s, the ballpark owners’ plans to tear down the park and use eminent domain to build a new one were met with resistance from neighborhood groups. — Globe Staff, BostonGlobe.com, "It was a parking lot. Now it’s a park, and the ‘center of gravity’ in reimagined Fenway neighborhood," 14 July 2019 The retailer is on the south end of Robert Street, but is being forced to leave through eminent domain to make room for an underground pedestrian tunnel as part of Dakota County’s River to River Greenway Trail. — Nick Ferraro, Twin Cities, "Pieces of South Robert Street’s north end primed for redevelopment," 30 June 2019 Opponents also accuse the company of using hardball tactics and intimidation to force reluctant landowners to sign easements, and specifically targeting vulnerable and elderly landowners with threats of eminent domain. — oregonlive.com, "Jordan Cove LNG backers claim high support from landowners for pipeline," 26 June 2019 In a few places, Clean Line might need the federal government to use eminent domain to be able to build the transmission line. — Russell Gold, WSJ, "Building the Wind Turbines Was Easy. The Hard Part Was Plugging Them In," 22 June 2019 The Alpharetta City Council has approved using eminent domain to acquire land necessary to complete a key segment of the Alpha Loop, a network of multi-use paths connecting downtown with developments around the city. — David Ibata, ajc, "Alpharetta OKs using eminent domain to close Alpha Loop," 12 June 2019

These example sentences are selected automatically from various online news sources to reflect current usage of the word 'eminent domain.' Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors. Send us feedback.

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More Definitions for eminent domain

eminent domain

noun

Financial Definition of eminent domain

What It Is

Eminent domain is a legal strategy that allows a federal or local government to seize private property for public use. The seizing authority must pay fair market value for the property seized.

How It Works

Let's say John Doe lives in a house on one acre next to Highway 47. The state wants to widen the road due to the higher traffic and the new casino that was built down the road. In order to widen the road, the state needs the space on either side of the road.

Because the state deems the road necessary, it seizes John's property and gives him $250,000 for it. John does not have the opportunity to say no, though he can challenge whether the $250,000 is fair market value.

The police power of local and federal governments generally is what gives them the authority to seize property for public use. The fifth and fourteenth amendments of the U.S. Constitution permit the government to exercise its power of eminent domain and requires "just compensation" for seized property.

In some cases, the property owner starts the eminent domain proceedings. This is called inverse condemnation, and property owners typically apply it when a government has used a property without just compensation (typically, this happens when the government has polluted the property).

Why It Matters

Eminent domain is a controversial topic. Though taking property may be necessary for the public good (particularly in the case of health and safety), it is sometimes difficult to forcibly separate a person from his or her property. Additionally, there is considerable question regarding whether implementing additional heavy regulations on a particular property is effectively the same as seizing the property because it significantly reduces the owner's "use and enjoyment" of the property, and thus entitles the owner to just compensation. Last, there is considerable controversy about what constitutes valid public use. For instance, some courts have allowed cities to clear bad-looking neighborhoods simply to beautify the town. Others have allowed governments to seize property and give it to businesses that build factories or other job-creating facilities on the property.

Source: Investing Answers

eminent domain

noun

English Language Learners Definition of eminent domain

law : a right of a government to take private property for public use

See the full definition for eminent domain in the English Language Learners Dictionary

eminent domain

noun

em·i·nent do·main | \ ˈe-mə-nənt-\

Legal Definition of eminent domain

: 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 sense 1b

Note: 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.

eminent domain

Definition of eminent domain

Examples of eminent domain in a Sentence

First Known Use of eminent domain

Financial Definition of eminent domain

English Language Learners Definition of eminent domain

Legal Definition of eminent domain

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