Why is "eminent domain" only for public purposes n not private?
346331
Because owning private property is our constitutional right. We should only sell on our own desire to sell, and not be forced by government to that which we don't want to do.\nIt should only be used for needed roadways or parks for the good of the general public, and the landowner should be paid fair market value for the sale of the land.
418931
I am not sure but I do beleive it has something to do with realestate. You as the consumer or purchaser can obtain a deed on the property? Something along those lines,...
1062334
i am not sure i understand the question.\n\nthe private sphere is legislated and regulated...interstate commerce, tariffs ect. ect.\n\nTeddy Roosevelt was a bad MF at taking on the  Robber Barons of his time.\nWe have the FDA because of him.\n\nThat said private institutions should maintainn some degree of protection as long as they seek no federal funds,  or use any federal resources.
537688
Privatization allows for private companies to own industries instead of the public.  Some people think that this is bad but let me give you an example; The Fishing Industry.  Okay take a group of people seated in a circle and pass around a cloth bag full of chocolate candy kisses.  Tell everyone that they may each take as many as they wish and when the bag gets back to you, you will double the number of candies inside the bag and pass it around again.  I guarantee that the bag won't make it around the circle once before all the candies are gone, each person thinking that everyone else is conserving, so they can take a few extras.  Now give everyone there own bag of candies and tell them to take as many as they want and you'll double whats left.  This time everyone will have candy in their left in their own bag.  This is privatization.  This is an example of the fishing industry, now that some parts are privatized no one over fishes because then their area won't have any left for next year.
538605
EMINENT DOMAIN - The government's right to acquire private property for public use. \n\n1)The Castle Coalition is the Institute for Justice’s nationwide grassroots property rights activism project.  We help home and small business owners protect themselves and stand up to the greedy governments and developers who seek to take private property for their own gain. And thanks to the gracious generosity of our donors, we're able to do this for free.\n2)The controversial Lafayette Landings subdivision in Floyds Knobs has been approved by the Floyd County (Ind.) Plan Commission. \n3)One of the distinguishing features of a free society is its defense of the right of private property. As every individual has the right to his life, so has he the right to those things necessary to sustain life - among them, the private ownership of property and the ability to keep the fruits of his labor.\n4)Eminent Domain: the power of a government to take private property for public use; the 5th Amendment of the US Constitution and articles in many state constitutions allow this practice provided that just compensation is made.\nThe World's Largest Online Library 43 articles listed.
1165980
lets see...\nyes this is how it is...they are paying for a right to come onto a specific part of your property and use it for a specific reason, but it remains your property.  a good example of an informal easement is if, say your house is on the way to the neighborhood pool and the kids always cut across a corner of your yard.  if you were to go out and say, 'hey kids! i give you permission to walk on this path to get to the pool.' then you have given them an easement.  they can use that path, to go to the pool.  they can't run through your yard and they can't sell the path to someone else cause its still your yard.  this is a bit extreme, but it gives you an idea.  \nsince VA DOT is a government agency, they can, through eminent domain, force you to grant an easement, but they have to pay you a fair price for the use of it.  that can differ, but its usually fair market value...would need more specifics to be able to advise on acceptable price.  if they are paying you 40% of what you could get if you sold that piece of property outright, that seems pretty fair, cause once the sewer is in, you won't be able to tell and your use of that land will be restricted only in that you can't do anything to hurt the sewer or prevent access to it....so no building a tennis court over it, but you could put lawn furniture there or however you use that part of your yard.    \nIt will change your deed, but something like this isn't going to have a bad effect on the deed.\nyes the next owner will know.\nand it shouldn't have a negative effect on you when selling your house, in fact, it might help prices as there will now be a public sewer system available or at least more up to date in the neighborhood\n\n\np.s. i tried to stay away from legal jargon, so you could understand what i was saying.  the laws of easements and covenants are complex, but this is a full answer for your situation.\n\npps. i just saw the answer that mike s gave.  he doesn't know what he's talking about.  maybe his easement is 10 feet at the edge of a yard, but an easement is the size that's agreed upon between the parties.  and paying for it is required by not just any law, but by the US Constitution.  the government has the power of eminent domain, but they have to reimburse for it.  I do give him that they are not likely to clean up very well after the work is done, so just insist on that when you create the easement.  have it included that they must landscape and lay sod so that the visual impact of the yard is not altered.  \n\npps.  THIS IS NOT SOMETHING YOU SHOULD ALLOW TO HAPPEN WITHOUT LEGAL COUNSEL AIDING YOU!!!!  DO NOT SIGN ANYTHING WITHOUT TAKING IT TO YOUR LAWYER.  YOU ARE ASSUMED TO HAVE READ AND UNDERSTOOD ANY CONTRACT YOU SIGN, WHETHER YOU HAVE OR NOT, SO IN 5 YEARS WHEN YOU'RE TRYING TO FIGHT THE RAMIFICATIONS OF THE EASEMENT, "I DIDN'T READ IT" OR "I DIDN'T UNDERSTAND IT" ISN'T GOING TO FLY. THE JUDGE WILL SAY, "BUT YOU SIGNED IT?"
185611
You need two things - one, go find an independent property assessor and pay him/her to determine the true market value of the land; and, two, get an attorney and have that lawyer either negotiate the proper price, or to fight the eminent domain action sufficiently so that the court will order the government to pay the fair market value, even if they do take the property.
613546
What would be important to know is if you live in a community property state. If you do, you can't do it on your own.
955553
I think it bites if the government can take your privately owned property so that some privately owned commercial business can have it.  If it's for roads etc., it might be necessary.
490195
Usually (what I've seen) is that appraisals for property tax purposes break out the value between land & improvements.\n\nGenerally, the appraisals don't reflect anything close to market. Just my opinion.
530664
It is going to vary by state, but if you look up your state's laws, (they should be online) then you can find a section of your state law concerning eminent domain. If you had a state listed, I could have located it for you, but since laws vary from state to state, I can't do more than tell you where to look.
236590
You are confused.\n\nIt is a PRIVILEGE to live in somebody else's property free and it is not a RIGHT.
5560
Eminent Domain (not iminent)is when the government can control the use of land directly by acquiring the property itself and exercising the prerogatives towards it. If the current ownr of the land is unwilling to sell, the government, unlike private individuals, can judically compel its transfer through an eminent domain or condemnation action. \n\nThe government must prove that there is a "public use" involved. In other words, the use of the land as to what best serves the public.\n\nThe government is required to pay just compensation for the land taken. This amount is set by a jury after an evidentary hearing.
107800
Land leases from the government are for specific purposes like grazing cattle.  If you build a home on land that is leased you would not own the home.
892317
Private investors usually have to own other property and trade with the government agency who owns the property they want.  \n\nPadre Island may have appeared public in 1970, but was actually abandoned for years until an owner realized that money could be made.
938242
This is not necessarliy a lost cause but a true case. A man who bought his house in 1949 bought the water/ mineral rights to his property. When the road in front of his house was being widened the government offered him less than 3 thousand dollars for his house and property claiming eminent domain. Due to the fact he owned the land and what lies beneath they could not force him to sell, so in retaliation they put the road right against his front porch and moved to put the power lines over his house so they could condemn it. I was working for the power company at the time and got an engineer out there to re-route the power lines away from this man's home. However, to the end of his life (he died about 4 years after all this) he had a guard rail at the end of his steps off his front porch. We need to change the laws so the Government cannot seize homes to sell property to corporations and to protect the homeowner.
582957
if it's private as you say and owned by HOA or the likes the answer would be no.