Sentences with phrase «exercise of eminent domain»

The plaintiffs nowhere affirm, that private property has been taken for public use, by the state, in the exercise of the eminent domain; nor do the defendants allege it, nor do the court below; on the contrary, Chief Justice PARKER says, 7 Pick.

Not exact matches

The 2007 vote, contingent upon a much - ballyhooed community benefits agreement, allowed Columbia to exercise eminent domain over a number of coveted properties that were in the way of its plans.

Ultimately, if consent - based siting efforts fail, in favor of the common good the federal government must exercise its power of eminent domain to overcome local opposition, creating a deep geologic repository for nuclear waste.

Stephenson said the problem in a number of cases for charter schools has been with them seeking to use eminent domain to gather a small property to complete their planned footprint, where cities do not wish to exercise eminent domain for such a small purpose.

Shall Section 11 of Article I (Bill of Rights) of the Constitution of Virginia be amended (i) to require that eminent domain only be exercised where the property taken or damaged is for public use and, except for utilities or the elimination of a public nuisance, not where the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development; (ii) to define what is included in just compensation for such taking or damaging of property; and (iii) to prohibit the taking or damaging of more private property than is necessary for the public use?

Justice Stevens garnered a six - justice majority for a ruling that returned the Takings Clause to its intended role mainly in securing compensation for landowners when the government exercises its power of eminent domain.

Likewise, when a government entity exercises its eminent domain power to condemn private property for public use, the government should provide - as required by the 5th Amendment - «just» compensation to affected property owners that covers not only the value of the property condemned but also all other reasonable and necessary costs generated by the condemnation action including, but not limited to, hiring legal counsel, obtaining temporary housing, lost business revenue, severance damages.

«Eminent domain authority should be exercised only in special circumstances,» Julie Sullivan, assistant director of governmental affairs for the Illinois Association of REALTORS ®, testified before the Illinois Senate State Government Committee in July.

Condemnation of a property is when the government exercises their power of eminent domain.

«The challenge is to keep tools in the hands of local governments to deal with pockets of poverty on a meaningful scale while ensuring governments exercise the awesome powers of eminent domain responsibly,» says Roger Platt, senior vice president and counsel of The Real Estate Roundtable, a Washington, D.C. — based advocacy group representing mainly owners and developers.

The core principles, which cover the proper role of government in land decisions and the degree of accountability governments should exercise before condemning property, among other things, are intended to give REALTORS ® guidance as they engage in the continuing legislative debate over eminent domain in their states.

Supports eminent domain authority only for a public use (e.g., ownership by a public entity), as well as a broad interpretation of «just» compensation, to include all reasonable and necessary costs which result from exercise of such authority, not just the value of the property condemned.