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
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To resolve long-standing concerns about municipal ownership of the entire course, the town took the 1.3-acre parcel from the Carlsons in 2011, using its power of eminent domain.
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The bill, which passed in the state legislature last week, creates a corridor north of the Grand Central Parkway that would allow the Port Authority to use eminent domain to take land over Flushing Bay Promenade or over the bay itself.
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Lozman has been a perpetual thorn in their side since 2006, when the city tried to use eminent domain to redevelop the marina where Lozman lived in a floating home.
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Meanwhile, the New Jersey Conservation Foundation has challenged a natural gas company’s right to use eminent domain to run a pipe on conserved land.
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The Lower Merion School District in Montgomery County recently sought to take the land through eminent domain, touching off a local fight.
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In December, county officials moved to seize the land through eminent domain, which allows governments under certain circumstances to take private property for public use.
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Husch Blackwell said the new lawyers will expand the firm's capabilities in Texas, especially in insurance, finance, eminent domain and government affairs.
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And the village is moving forward with plans to take, under eminent domain, strips of land alongside roads that will be widened.
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
Financial Definition of EMINENT DOMAIN
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 Defined for English Language Learners
eminent domain
Definition of eminent domain for English Language Learners
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law : a right of a government to take private property for public use
Law Dictionary
eminent domain
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.
Learn More about eminent domain
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Britannica English: Translation of eminent domain for Arabic speakers Britannica.com: Encyclopedia article about eminent domain
Seen and Heard
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