eminent domain

noun

|Updated on: 12 Jun 2018

Examples: eminent domain in a Sentence

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

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Examples of eminent domain in a Sentence

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

Recent Examples of eminent domain from the Web

The company behind the MVP (which goes by the same name) seized chunks of land under eminent domain from locals to build its pipeline.

— j. weston phippen, Outside Online, "The AT Pipeline Protesters Come Down from the Trees," 5 June 2018
The controversy over the possibility of eminent domain comes as CRDA seeks proposals from potential buyers for the arena.

— kenneth r. gosselin, courant.com, "State Senate GOP Leader Weighs Push To Acquire Space At Hartford's XL Center," 31 May 2018
Mayor James Snyder then moved to table the RDC’s request for eminent domain proceedings.

— michael gonzalez, Post-Tribune, "Portage board member stymies city bid to acquire properties," 8 May 2018
The Lower Merion School District is considering using eminent domain to take over the Stoneleigh public garden property.

— aubrey nagle, Philly.com, "Philly schools focus on freshmen, food insecurity takes a toll on Philly neighborhoods | Morning Newsletter," 21 May 2018
That ruling is still used today in eminent domain cases, including the 2005 case in New London, Connecticut, that went to the Supreme Court.

— allison keyes, Smithsonian, "A New Show About Neighborhoods Facing Gentrification Offers a Cautionary Tale," 9 May 2018
In 1967, the regents used eminent domain to force them out, paying out $1.3 million.

— nanette asimov, San Francisco Chronicle, "UC Berkeley’s plans for People’s Park include five-story building plus memorial," 3 May 2018
The Aurora City Council has amended its eminent domain case against The Fox Valley Inn as the city continues to pursue purchasing the hotel at 2450 N. Farnsworth Ave.

— steve lord, Aurora Beacon-News, "Aurora still trying to purchase East Side hotel," 2 Apr. 2018
Domina said the landowners clearly asked for representation in the eminent domain cases, and TransCanada should pay their attorney fees because the company effectively lost those cases.

— Washington Post, "Court: TransCanada doesn’t have to pay landowner attorneys," 9 Mar. 2018

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.

First Known Use of eminent domain

1783

in the meaning defined above

See Words from the same year

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Financial Definition of EMINENT DOMAIN

eminent domain

noun

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 Defined for English Language Learners

eminent domain

noun

Definition of eminent domain for English Language Learners

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

Law 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 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.