4 Public Trust Doctrine‚ Eminent Domain and Land Acquisition: An Indian Experience “There is nothing which so generally strikes the imagination‚ and engages the affections of mankind‚ as the right of property.” -BLACKSTONE I. Introduction: Right to Property- A Jurisprudential Approach The Concept of Property has been very ancient as well as very important. It holds a premier place in our constitution and as well as in the society‚ in which we live. The concept of property is very wide and has splurged
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Eminent domain is the right of a government to expropriate private property‚ by fiat‚ for what it deems is ‘public purpose’. Historically‚ it has often been subsumed within sovereignty and counted as its attribute. Eminent domain comes from the Latin phrase dominium eminens‚ taken from Hugo Grotius’s legal treatise‚ De Jure Belli et Pacis (on The Law of War and Peace)‚ written in 1625 . It allows the government to transfer or re-allocate private property rights against the payment of ‘just compensation’
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Eminent domain‚ also referred to as condemnation‚ or expropriation is the government’s ability to seize private property for “public use” while paying the landowner a fair price. As innocent or necessary as the concept may have been in its beginning‚ today it is a power play that is being abused‚ and has potential to negatively affect the environment. The original intent of eminent domain was for the betterment of society as a whole. Over time political officials have used the courts to corrupt this
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Eminent Domain is the activity of the force of government to obtain private property important for the public utilization on the payment of reasonable compensation and taking after due procedure of law. Procedures to acquire property with regards to eminent domain are alluded to as judgment procedures. The property that administrations might censure incorporates charge title and additionally interests in genuine property‚ for example‚ easements‚ furthermore non-physical interests‚ for example‚ air
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Kelo VS New London 1 Kelo VS New London By: Dale Travis April 13‚ 2013 Unit: 5 Case Study Prof Lerner Kaplan University Kelo VS New London 2 Eminent domain is the power to take private property for public use by a state‚ municipality‚ or private person or corporation authorized to exercise functions of public character‚ following the payment of just compensation to the owner that property. (Legal Dictionary) In New London‚ Connecticut
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was his; his beach house property being taken by eminent domain;
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Law 310-64311: The Legal Environment Nancy Bauer Chapter 4: Question 12‚ p. 170 On July 5‚ 1884‚ four sailors were cast away from their ship in a storm 1‚600 miles from the Cape of Good Hope. Their lifeboat contained neither water nor much food. On the 20th day of their ordeal‚ Dudley and Stevens‚ without the assistance or agreement of Brooks‚ cut the throat of the fourth sailor‚ a 17- or 18-year-old boy. They had not eaten since day 12. Water had been available only occasionally. At the time
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Butterfield v. Forrester Factual Situation: 1809‚ Butterfield‚ plaintiff was riding and struck an a pole placed in the road by Forrester‚ defendant‚ at approximately 8 PM; sued for damages Witness testified that pole was visible at 100 yards with light at that time‚ and that Butterfield was riding recklessly Trial court: jury instructed that if an individual riding with reasonable care could have avoided the pole and that Butterfield was not riding with care‚ Forester should win Trial Court
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Kelo v. City of New London 125 S.Ct. 2655 (U.S. Sup. Ct. 2009) Facts: In 1998‚ the city of New London‚ Connecticut‚ authorized a $3.5 million bond issue in support of plans initiated by the New London Development Corporation (NLDC). This decision followed a state designation of the area as a “distressed municipality” and the closing of a US Naval facility‚ which employed over 15‚000 people. The NLDC plans proposed the development of about 90 acres of land in the Fort Trumbull area of New London
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London. (Supreme Court 2004) In the wake of these actions‚ the city authorized the purchase of property within the development area and to utilize the acquisition of land through eminent domain if need be. Supported by the 14th amendment‚ the 5th Amendment allows local government the powers to utilize eminent domain to take private property for public use while appropriately compensating the former owners (Supreme Court 2004). During these acquisitions nine party members did not wish to sell their
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