Eminent Domain

Eminent domain (United States, the Philippines), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption (Hong Kong), resumption/compulsory acquisition (Australia), or expropriation (South Africa, Canada) is the power to take private property for public use by a state or national government. However, it can be legislatively delegated by the state to municipalities, government subdivisions, or even private persons or corporations when they are authorized to exercise functions of public character.The property may be taken either for government use or by delegation to third parties who will devote it to public or civic use or, in some cases, economic development.
Posts about Eminent Domain
  • Does judicial disagreement imply ambiguity?

    … approaches? On that logic, the agency wins as well, not because the statute is ambiguous within any particular interpretive approach, but because there is second-order ambiguity in the choice of interpretive approaches. I think the answer to these questions are probably “yes” and “no,” respectively. Disagreement at the meta-level about the proper…

    Will Baude/ The Volokh Conspiracy- 1 readers -
  • Share your thoughts with IDOT on Gateway Connector

    … feel bad for the people close to it. “I’m from Southern California, so I know the importance of these corridors,” she said. Schmidt and her husband live in Belleville on the outskirts of Mascoutah, and the corridor is about half a mile from their home. “I know it’s necessary, but I’m glad we’re not affected that much,” Bob Schmidt said. Shannon…

    Sever|Storey- 2 readers -
  • Illiana toll road plan advances but still far from reality

    … been non-committal on the Illiana. The Federal Highway Administration issued a "record of decision" allowing Illinois and Indiana to move ahead with the final design, land acquisition and contracts for construction of the potential $1.3 billion project. The decision acknowledges that Illinois and Indiana have successfully completed the required…

    Sever|Storey- 2 readers -
  • Feds give Illiana Expressway green light

    … SPRINGFIELD — Illinois and Indiana got a green light Thursday to keep moving forward on plans for a controversial toll road linking the two states. In a joint announcement, the states said the Federal Highway Administration signed off on the planning phase for the $1.5 billion Illiana Expressway, signaling that officials can now move…

    Sever|Storey- 3 readers -
  • “Originalism and the Positive Turn”: my response to Steven Smith

    … them as law. You can read the whole thing here. Will Baude is an assistant professor at the University of Chicago Law School, where he teaches constitutional law and federal courts. His recent articles include Rethinking the Federal Eminent Domain Power, (Yale Law Journal, 2013), and Beyond DOMA: State Choice of Law in Federal Statutes, (Stanford Law Review, 2012). …

    Will Baude/ The Volokh Conspiracy- 2 readers -
  • January 2001 - Classic Typos

    … From Sue F. Reid of Dallas, this marvelous typo in "an order appointing special commissions ... in an eminent domain proceeding for the appointment of three free-holders (disinterested parties) ... for the county court at law to hear testimony and assess damages ... to the property owner." Instead, the order provided: ... for the appointment of three disinterested freeloaders ... …

    Say What?! Classic Courtroom Humor- 2 readers -
  • Landowners learn about Clean Line Energy proposal

    … of their position. Touring the room in small groups, the representatives explained how the wind energy could be transmitted from southwestern Kansas to the Eastern Grid link in western Indiana with minimal impact on the land. Three proposed routes cut through townships south of Route 16 in the county. The system is called Grain Belt Express Clean Line. "Our…

    Sever|Storey- 4 readers -
  • Wind energy could soon be making its way through the Tri-States

    … WINCHESTER, ILL. -- The Grain Belt Express Clean Line is a 750 mile long transmission line that will bring wind energy through the Tri-States. It starts in Kansas and Clean Line Energy Partners want it to stretch across Missouri, Illinois and into Indiana. The purpose is to bring low cost and clean energy to the Midwest. And there's…

    Sever|Storey- 3 readers -
  • ILLIANA TOLLWAY, PEOTONE AIRPORT CONTINUE TO GENERATE QUESTIONS, CRITICISM, CONTROVERSY

    … the Will County village of Peotone—although both are handicapped by strong opposition and there’s no guarantee that either will ever cross the finish line and be completed. Full story here. If you think you may be affected by the Illiana Tollway Project and/or are interested in a free consultation, contact our eminent domain landowner attorneys at 1-888-318-3761 or visit us on the web at www.landownerattorneys.com. …

    Sever|Storey- 4 readers -
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