Eminent domain information of term that the idea was established since the colonial time/USA

Just something that bridges to government owned land and how easy they can obtain them through the laws set by them. A term I learned, when I was a realtor for a time back in the 1990's. This reference is from The Ultimate language of Real Estate by John W. Reilly 4th edition. This is just a basic knowledge presented and my own personal opinion is expressed here, it should not be considered, I have the inside track. This information is general in nature and is treated this way to inform the ATS members basic information according to public record of what State and federal government can acquire of real property (residential) or business property for projects, rezoning, and etc.
From the book:
EMINENT DOMAIN; Express the right of government, whether it be state or federal, public corporations (school districts, sanitation districts), public utilities and public services corporations (railroad, power companies) to take private property for a necessary public use, with just compensation paid to the owner. It goes on to state in general the law will not allow compensation for lost of profit, inconvenience, loss of goodwill and the like, but severance damages may awarded for loss in value to the remaining property is not actually condemned. Through eminent domain, the state may acquire land (fee, leasehold, or easement) for streets, parks, public buildings, public rights-of-way, and similar uses. No private property is excempt from this exercise of government power.
If the owner and the government cannot negotiate a satisfactory voluntary acquisition of the property, the government can initiate a condemnation action to take the property. In such case, an owner�s main grounds for complaint would usually be that the intended use is not a sufficient public use or that the valuation given the property in the condemnation proceeding is unjust. Generally, the courts will not permit a taking in fee if an easement will do; an entire piece cannot be taken if only a part is needed.
Whether a taking is for a public purpose is broadly construed. For example, a public purpose clearly exists I condemnation for urban renewal purposes; that is, the government can condemn a blighted area and then sell it to a private developer for private purposes.
Eminent domain differs from the taking of land through police power in that eminent domain is an outright acquisition of property with payment of compensation. It is not an uncompensated regulation of the use of property (as in the case of restrictive zoning).
Upon the vesting of title in the government, all preexisting liens and encumbrances are extinguished; anyone affected by this change, such as mortgagees, must look to the award of condemnation money for satisfaction of their claims.
Generally, when an owner�s property is taken by eminent domain, recognition of gain realized from the condemnation money can be deferred if qualified replacement property is purchased within three years from the end of the year in which the taxable gain is realized. In most cases, for the replacement property to qualify, it must be similar or related in use (�like-kind� property).

It is very simple term of the government can step in with the bylaws and basically take it. When I did live in Wyoming, the government was buying up more land in that state, approximately 51% federal owned land. This state is the 3rd largest target range in America. If you own land as farming, ranching out in the urban areas, oil companies (depending on geographic location) next to this property can dig down and across into the soil underneath your real property legally of what I understand. I mean come on it just what they can do things that the average person in America can not do set forth by laws to the people and another set of laws for the government to justify their claim on land to benefit their hidden secrets they will not share.

The Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

I see no mention of condemnation as a second option.

Aye, matey, the scrolls of the Consitution in me hands were written long ago, does it fit now in this time? I sail again to ponder upon the waters of many things that I think I own, but do not!

[edit on 20-9-2004 by ancientsailor]

[edit on 20-9-2004 by ancientsailor]

Aye, matey, you might want to do a search before posting.
There's been a recent thread on Eminent Domain, which is right here:
www.abovetopsecret.com...

Originally posted by DontTreadOnMe
Aye, matey, you might want to do a search before posting.
There's been a recent thread on Eminent Domain, which is right here:
www.abovetopsecret.com...

Lass,
This is a court case. My term of eminent domain is just to give people a clear basic understanding of it. Not a court case that will favor the government in this case. Read my info before telling me my thread is the same as the other. You might want to read first the few introduction lines I have set forth before stating to me this has been done. This is how government can get the land they want, I am not doing a court case, this info is to let you and others know what can happen no matter if it goes to court. I will not post anymore !
Atlast, the winds are high and I sail to the ocean again and may not return to this port.