NEEDS LOTS OF WORK – waiting on second draft from Angelique.
Condemnation (eminent domain) (I think this is a better use for the posts)
Condemnation is the repossession of a property by a public authority for a public purpose.
Condemnation often occurs when a taxpayer owns property or real estate in a place that has been chosen for public use or construction; such as roads, schools, or light, power, or water installations.
Condemnation is used by public authorities through the power of eminent domain (=the right of a government to take private property for public use).
The condemned property must be evaluated by the condemning governmental authority. The owner of the property is then offered compensation for the property taken. The owner can decline the compensation by the government and hire a lawyer if the owner feels the amount is insufficient.
Nearly all other countries have constitutional or statutory provisions requiring that compensation be paid for property taken. The French and German systems, unlike Anglo-American law, require that it be paid in advance of the taking by the government.
In a landmark ruling in 2005, the U.S. Supreme Court adopted an expansive interpretation of the power of eminent domain as defined in the “takings” clause of the Fifth Amendment to the Constitution (“private property [shall not] be taken for public use without just compensation”). Holding that the term “public use” should be understood to mean “public purpose,” the Court declared that government may take private property not only for use by the public but also for private use that results in a public benefit, in particular economic development.