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Showing posts with the label Condemnation

EMINENT DOMAIN: STRATEGIES FOR PROPERTY OWNERS

The power of eminent domain, enshrined in the Fifth Amendment of the U.S. Constitution, allows federal, state, and local governments to acquire private property for "public use." This governmental authority, also known as condemnation, underpins numerous projects benefiting the public, such as infrastructure development (roads, bridges), essential public facilities (schools, government buildings), parks, and utilities. More controversially, it has also been applied to certain redevelopment initiatives. While federal law sets the foundational principles, the specific procedures and limited exemptions are defined at the state level. The interpretation of "public use" can differ across states, with some offering stronger safeguards for property owners through constitutional amendments or specific legislation that restricts the use of eminent domain, particularly for private economic development purposes. The Indirect Role of Estate Planning in Eminent Domain Estate pla...

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