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Can the government take private property for public use under the Constitution?
Wiki User
∙ 14y ago
The government can take property through Eminent Domain, read below.
Eminent domain is the inherent power of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent. The property is taken either for government use or by delegation to third parties who will devote it to public or civic use or, in some cases, economic development. The most common uses of property taken by eminent domain are for public utilities, highways, and railroads, however it may also be taken for reasons of public safety, such as in the case of Centralia, Pennsylvania. Some jurisdictions require that the government body offer to purchase the property before resorting to the use of eminent domain. The legal doctrine of eminent domain, like the doctrine of seizure of contraband, allows expropriation of property within the existing system of law.
The above was taken from the Wikipedia because they can explain it better than I could.
Wiki User
∙ 14y ago
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What limits on the federal government to tax is implied but not stated in the constitution?
all taxes must be used for public purposes, not private purposes
The right of the government to take private property for public use?
That right is called eminent domain.
When can the government take private property and what must government give the owners?
when the gov't plans on using the land for public use, they must give the owner just compensation for it, and it came from the fifth amendment.
The right to be paid for private property that is taken for public use is found in which amendment?
It's the 5th amendment to the US Constitution. It's called Eminent Domain.
Why is coca cola in the private sector?
Most companies are in the "private sector" which means that they are not in the "public sector" (owned or operated by a government).
Is a supermaket on public or private property?
A retail store is a public space but it's private property.
Is private property always private?
Yes. Private property remains private property until it becomes public property by a transfer of title by deed or by a taking.Yes. Private property remains private property until it becomes public property by a transfer of title by deed or by a taking.Yes. Private property remains private property until it becomes public property by a transfer of title by deed or by a taking.Yes. Private property remains private property until it becomes public property by a transfer of title by deed or by a taking.
The right of the government to take away private property for public use is called?
The legal term is "eminent domain". The power is derived from the 5th Amendment of the United States Constitution. ...nor shall private property be taken for public use, without just compensation.
Can you take out a sidewalk Is the sidewalk private or public property?
The ability to remove a sidewalk depends on whether it is located on private or public property. Sidewalks on private property can typically be removed with proper permits and approval from the local authorities. However, sidewalks on public property usually require permission from the relevant municipal department or government agency.
What is the opposite of private property?
Public Property
What power allows the Federal Government to take private property for such public uses as a military base a national park or a post office?
The inherent right of a government to take private property for public use is called 'eminent domain'.
What is it called when the power of government takes private property for the public good with due compensation?
Imminent Domain
Where is eminent domain mentioned in the constitution?
The power of the government to enact eminent domain and take private property from citizens is derived from the 5th Amendment of the US Constitution which states: "No person shall be deprived of... property, without due process of law; nor shall private property be taken for public use without just compensation". The 5th amendment doe not actually establish eminent domain as a government power. The 5th amendment sets limits to eminent domain.
Which of the amendments in the United States Constitution discusses eminent domain?
In the United States Constitution, eminent domain is discussed in the fifth amendment. "No person shall be deprived of... property, without due process of law; nor shall private property be taken for public use without just compensation."
Why is public property more important than private property?
because everybody is effecting y absence of public property. there is saying "Everybody's is nobody property". So we should give equal importance to private property and public property
Are alleys private or public property?
Depends on what type of alley it is, some can be private or public!
Are pocket bikes legal to drive on sidewalks and public property in PA?
on private property but in public no
