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eminent domain


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The right of the state, on behalf of the public, to take private property without the owner's consent. The term remains in wide current use in American property law and planning because American arrangements are framed by a republican constitution informed by the writings of Locke, Grotius, Pufendorf, and others who suggest that the state can and must take public property on occasions, but has an absolute duty to compensate the owner justly; both the owner's and the state's rights are said to be derived from natural law. The requirement for ‘due process and just compensation’ are established by the Fifth Amendment.

Lincoln Allison

LA

Subjects: Politics.


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