Welcome to You Ask Andy

Jeff King, age 16, of Barre, Vt., for his question:  


CAN YOU EXPLAIN EMINENT DOMAIN?

 

 Eminent domain, in public law and in its widest sense, is the right or power to take private property for public use. More precisely, it is the right of the nation, or those to whom the power has been lawfully delegated, such as railroads and public utility companies, to appropriate, by due process of law, the ownership and possession of private property, and   to pay the owner of the property a just compensation.   Eminent domain is an inherent and necessary attribute of   sovereignty and is superior to all private property rights. It   is applied widely in the United States.  The right of eminent domain is commonly delegated by the states to local administrative bodies such as city governments for the purpose of making public improvements. A separate enactment by the state legislature is required for each exercise of the delegated power by a local government.  

 

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