Welcome to You Ask Andy

Eddie Brown, age 14, of Phoenix, Az., for his question:

WHAT IS EMINENT DOMAIN?

Eminent domain is the inherent right of a state to force a property owner to sell his property when it is needed for public use. The right is based on the legal rule that ail real property is subject to the control of the state, just as all real property in England was once owned by the king.

The legal process of taking over property that the owner has refused to sell is called condemnation.

Federal, state and local governments in the United States, and sometimes private corporations, have the right of eminent domain. Public improvements involving the right eminent domain include construction of harbors, canals and roads.

Land also may be taken over in this way for public schools, asylums, municipal buildings and housing projects.

The state may allow private agencies in which the public is interested, such as railroad companies and power plants, to use the right of eminent domain. The court may appoint an appraiser to set a fair price for the land or ask a jury to determine the price.

 

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