Validating domain

17-Aug-2016 21:17

Property of an owner may be taken either in its entirety (total take) or in part (part take)either quantitatively or qualitatively (either partially in fee simple or, commonly, an easement, or any other interest less than the full fee simple title). The property of subjects is under the eminent domain of the state, so that the state or he who acts for it may use and even alienate and destroy such property, not only in the case of extreme necessity, in which even private persons have a right over the property of others, but for ends of public utility, to which ends those who founded civil society must be supposed to have intended that private ends should give way.But it is to be added that when this is done the state is bound to make good the loss to those who lose their property." The exercise of eminent domain is not limited to real property. Governments can even acquire intangible property such as contract rights, patents, trade secrets, and copyrights. A taking of property must be accompanied by payment of "just compensation" to the [former] owner.Some jurisdictions require that the acquirer make an offer to purchase the subject property, before resorting to the use of eminent domain.However, once the property is taken and the judgment is final, the condemnor may put it to uses other than those specified in the eminent domain action.In most takings the owner is not compensated for a variety of incidental losses caused by the taking of his or her property that, though incurred and readily demonstrable, are deemed by the courts to be noncompensable.The same is true of attorneys' and appraisers fees.But though rarely granted, this is not the exclusive measure of compensation; see United States v.

Eminent domain (United States, the Philippines), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption (Hong Kong), resumption/compulsory acquisition (Australia), or expropriation (France, Mexico, South Africa, Canada, Brazil, Portugal, Spain) is the power of a state or a national government to take private property for public use.

However, it can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functions of public character.

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