Meta Title: Eminent Domain | Can The Government Take Private Land? Meta Description: Learn the definition of eminent domain, and discover the legal remedies available to landowners. Eminent Domain Definition Eminent domain refers to the power of the federal or state government to take private land for public use, whether or not the owner has granted permission. In exchange for the land, the owner must be paid fair market value for their loss.[1][2][3] The concept of eminent domain predates the
Hawaii Housing Authority versus Midkiff (1984) Majority Opinion was argued 26 Mar. 1984, decided 30 May 1984 with Justice J. O'Connor delivering the opinion of the Court. Hawaii Housing Authority v Midkiff (1984) stands as one of the Supreme Court's most referenced explanations of the requirement that any governmental taking of private property must be for a “public use,” as set forth in the Fifth Amendment of the United States Constitution. The Fifth Amendment of the United States Constitution
The Articles of Confederation 1776 brought a declaration of and a war for independence to Britain’s North American colonies. While they had all acted in concert to reach this decision, their memories of colonial life under the centralized British monarchy had lasting effect upon their views of what the federal government of their new republic would have the power to do. In the years following the Declaration of Independence, Congress came up with the Articles of Confederation