The Before-and-After Rule in eminent domain is a practice wherein the property value is appraised both before and after the taking, considering any enhancement or injury resulting from the condemnation.
Condemnation is the legal process by which a government or private entity with governmental powers takes private property for public use, with compensation to the owner. This is commonly associated with eminent domain.
The process by which private property is taken for public use with compensation to the owner, under eminent domain, and declarations of structures being unfit for use.
A Condemnation Award refers to the monetary compensation or value of other property received by an entity or individual for property that has been condemned by a government authority for public use, or from the sale of property under threat of condemnation.
Eminent Domain is the inherent right of the state to take private property for public use without the property owner's consent, typically requiring that just compensation be paid to the property owner.
Fee Simple (or Fee Simple Absolute) refers to the absolute ownership of real property where the owner has unrestricted powers to dispose of the property during their lifetime, and upon death, the property passes to designated heirs. This ownership can only be overridden by eminent domain.
Inverse condemnation is a legal procedure where property owners seek compensation for property interests that have been diminished in value or taken due to government activity.
Judgment refers to the determination or decision of a court, or a monetary decision for property taken for public use. It also encompasses the use of understanding and intuition to resolve problems.
Just compensation refers to full indemnity for the loss or damage sustained by the owner of property taken under the power of eminent domain. The measure generally used is the fair market value of the property at the time of taking.
Kelo v. City of New London was a landmark case in United States Supreme Court history dealing with the authority of the government under the Takings Clause of the Fifth Amendment to seize private property for public use.
The landmark U.S. Supreme Court decision in Kelo et al. v. City of New London et al. expanded the concept of constitutionally allowable takings of private property for public use under eminent domain to include takings for commercial developments that benefit the community.
Partial taking refers to the acquisition by condemnation of only part of the property or some property rights. It requires just compensation to the property owner for the loss incurred.
Public purpose refers to the justification that government must provide in its use of eminent domain to acquire private property for public use. This includes scenarios such as infrastructure projects, public safety, and community development.
Public Use refers to the right of the public to use or benefit from the use of property condemned by the government through the exercise of its power of Eminent Domain. One of the limitations upon this use is that the property taken must serve a public benefit or purpose.
Severance damages represent compensation awarded to property owners when a portion of their property is condemned and taken for public use. These damages account for the depreciation in value or inconvenience caused to the remaining property.
The acquisition of private property for public use under the power of eminent domain and the restrictions under police power that may preclude reasonable use of the property.
A voluntary conveyance refers to the sale or transfer of property done willingly by the owner, without any form of external compulsion or legal coercion. It stands in contrast to involuntary acts such as condemnation or eminent domain.
