PRACTICE AREAS - EMINENT DOMAIN
Eminent Domain
Eminent domain is the inherent power of the state to expropriate private
property, or rights in private property, without the owner's consent, either for
its own use or by delegation of the taking power to third parties who will
devote it to "public uses", the most common examples being public utilities or
railroads.
Governments most commonly use the power of eminent domain when the acquisition
of real property is necessary for the completion of public projects such as
roads, military installations, or public buildings. Some states require that
before resorting to the use of eminent domain the condemning body must make an
offer of purchase to the owner.
The exercise of eminent domain is not limited to real property. Governments may
also condemn personal property, such as supplies for the military in wartime,
franchises, as well as intangible property such as contracts, patents, trade
secrets and copyrights.
(Wikipedia)
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