The Bottom Line: Eminent Domain Allows Public Good To Outweigh Private Property Rights With Due Process And Just Compensation
Eminent domain allows the government to take your property to be used for a public purpose as long as they pay you based on fair market value, referred to as just compensation. Meanwhile, inverse condemnation is when someone successfully sues the government because the harm from something being taken under public domain has hurt the value of their separate or remaining private property.
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Examples Of Eminent Domain In A Sentence
eminent domaineminent domainNew York Timeseminent domainSmithsonian Magazineeminent domain ajceminent domainSan Antonio Express-Newseminent domainChroneminent domain Fox Newseminent domain BostonGlobe.comeminent domain Forbes
These example sentences are selected automatically from various online news sources to reflect current usage of the word ’eminent domain.’ Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors. Send us feedback.
What Is Just Compensation
Simplifying the intent of the just compensation wording, you could say that just compensation is fair value for the property being taken, whether in the form of money or equivalent property. However, thats where the rub comes in. You have to come to some decision as to what constitutes fair.
This can be complicated by the fact that very often people have not just a financial investment, but also an emotional investment in their homes. Courts generally rely on a fair market value for the property to determine just compensation. However, its often difficult to determine a fair market value. Lets see why with an example:
A city wants to widen an existing road. As part of this, theyre using eminent domain to claim 10 feet at the front of a commercial property. However, if you were selling something, you would never sell just those 10 feet. Because theres no market existing, its difficult if not impossible to determine a true fair market value.
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Whats The Difference Between Discrete And Discreet
Discrete means separate or distinct, as in discrete concepts or discrete parts. Discreet most commonly means tactful, prudent, or careful to avoid revealing things that may cause embarrassment, such as when communicating sensitive information, as in a discreet message or You can tell her, but be discreet about it.
Less commonly, discreet can also mean unobtrusivea modest necklace may be described as discreet. In all cases, the word discreet is used in situations in which an effort is made to avoid calling attention to someone or something. When youre being discreet, youre showing discretion.
Discrete, on the other hand, is typically used in technical, non-personal contexts. It has more specific meanings in the context of math and statistics.
Heres a fun way to remember the difference: in discreet, the two es are right next to each otherthe one e looks like its discreetly whispering something in the others ear. In discrete, the two es are kept separate by the t in the middle.
Heres an example of discrete and discreet used correctly in a sentence.
Example: He mistakenly thought the two parts were discrete, but I told him that they are in fact connectedin a discreet way, of course.
Competing Against A Com Version Of Your Domain
The biggest risk is that someone will purchase a similar .com site, and theyll get more of the traffic if users try to search for your site but enter in the wrong ending to your site address. This is most likely to occur with people entering .com instead.
The best ways to avoid this is to make sure that if the .tv domain you pick is already in use, that it isnt being used by a website competing with yours in any way possible directly or indirectly. They have to be so irrelevant so if someone does types in .com by accident, they will quickly realize this isnt the website they were after, or wont be tempted to stay on.
The second thing you can do is buy out the .com domain along with the .tv one if its available and if you can afford it. If you cant afford it at the time you launch your website, plan to come back to it and buy it in the future when your business has generated enough revenue and if its still available.
What do you do with two domains, you ask? Keep reading
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Who May Acquire My Land Using The Power Of Eminent Domain
The Utah Code authorizes certain entities with the power to condemn property. These entities include most governmental agencies and some private parties like utility companies and railroads. In all cases, a condemning party must condemn property for a public use and pay just compensation to the owner.
History Of The Federal Use Of Eminent Domain
Early Evolution of Eminent Domain Cases
Condemnation: From Transportation to Parks
Land Acquisition in the Twentieth Century and Beyond
The work of federal eminent domain attorneys correlates with the major events and undertakings of the United States throughout the twentieth century. The needs of a growing population for more and updated modes of transportation triggered many additional acquisitions in the early decades of the century, for constructing railroads or maintaining navigable waters. Albert Hanson Lumber Company v. United States, 261 U.S. 581 , for instance, allowed the United States to take and improve a canal in Louisiana.
During World War II, the Assistant Attorney General called the Lands Division the biggest real estate office of any time or any place. It oversaw the acquisition of more than 20 million acres of land. Property was transformed into airports and naval stations ), war materials manufacturing and storage ), proving grounds, and a number of other national defense installations.
Land Acquisition Section attorneys aided in the establishment of Big Cypress National Preserve in Florida and the enlargement of the Redwood National Forest in California in the 1970s and 1980s. They facilitated infrastructure projects including new federal courthouses throughout the United States and the Washington, D.C. subway system, as well as the expansion of facilities including NASAs Cape Canaveral launch facility ).
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Kelo V City Of New London
Despite the reversal of Poletown and Michigans rejection of the rationale that pure economic development constitutes a public use, the U.S. Supreme Court ruled in 2005 that private property may be seized for private commercial development, based on the possibility of increased tax revenue or jobs. In Kelo v. City of New London, Susette Kelo and a six other homeowners in New London, Connecticut, had their property taken through eminent domain for private economic development projects. The City didnt even declare their properties slum or blightedtheir sole rationale was that someone else could make more money off of their land than the current owners could.
What Is A Public Use
The term public use generally means that the property will be used or available for a public purpose after it is acquired by the condemning party. Examples of public uses include roads, public buildings, schools, parks, etc. The Utah Code defines various uses that qualify as public for eminent domain purposes in § 78B-6-501, and other enumerated public uses are found in other Code sections. Public use does not necessarily mean that the property must be owned by a government entity.
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Does God Accept Everyone
Does God truly love all persons? Most Christians think the obvious answer to this question is, Yes, of course he does! Indeed, many Christians would agree that the very heart of the gospel is that God so loved the whole world that he gave his Son to make salvation available for every single person.
Advantages Of A Tv Domain
There are a number of reasons why video-centric businesses including many of our customers here at Uscreen have decided to opt for a .tv domain.
1. Excellent Branding Opportunity
To start, its an excellent branding opportunity. A .tv domain will immediately set you apart in your audiences eyes, even if its an unconscious level. It shows that you are fully committed to video creation, and it can help you define the purpose your site serves. It doesnt hurt that the .tv is so different from the .com that it has an official look. Most users, after all, dont know that anyone and everyone can purchase this domain type, and this can help you to stand out.
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Syncing With Existing Domain
It can also be frustrating if you already have a site domain, and dont want to risk losing traffic by switching over to a new one.
Fortunately, there is a way around both of these problems, and its all wrapped up in one solution. You can link multiple domain names so that when users type in one URL it will automatically send users to another . This will allow your current users to be sent to the .tv domain and still register the branding and will prevent them from ending up at a dead site.
If you dont already have the .com domain, you can purchase it and set it as a secondary domain and have it forward visitors to your main site.
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Will The Condemning Agency Contact Me If It Wants To Acquire My Land
The condemning party must contact the property owner before it uses eminent domain to acquire land. Before a lawsuit to condemn property can be filed, negotiations must be undertaken to purchase it. In addition, the condemning party must disclose two things: that oral promises are not binding on it, and that the property owner has the right to request mediation or arbitration through the Office of the Property Rights Ombudsman.
How To Get A Tv Domain
Getting a .tv domain is exceptionally simple. First, choose the web hosting company that you want to choose, so that you can purchase the domain name through them directly. This is the easiest way to go about it. For this example, well use GoDaddy since they offer the .tv domain type. .
When you search for the domain you want, make sure that its got .tv at the end. Its really that simple. If its available, you can claim it. If its not, most sites will present you with suggestions of similar domains you can choose from.
Is Tv Right For Your Business
If youre still wondering if a .tv domain is right for your business, remember that it will work best exclusively for sites that are branding themselves as a video site. Its why were using the .tv domain name for Uscreens site address.
If you have just a few videos and mostly text and images on your site with only a few videos, its not for you. If people are coming to your site primarily to watch video content, however, it could be a great choice for you. This doesnt mean that video has to be the only thing your site offers GeekBeat.tv, for example, is a video-centric site that also has text-based content like reviews.
A .tv domain is particularly beneficial for sites that offer video subscriptions, too. These will be sites that often offer video content almost exclusively, with users potentially paying for video access instead of or in addition to other products and services. A great example is Guitarcast, another Uscreen customer that teaches students how to play the guitar online.
Some businesses will also add a .tv subsection of their site if they choose to have video content thats designed to market their main product or services. This is an excellent use of the .tv subdomain, which adds to the main site instead of distracting from it if the video content is created only to help direct sales. The domain for this might be formatted in mysite.com.tv in order to keep the overall site address structure consistent.
What Constitutes A Taking
In most cases, the fact that a taking has occurred will be obvious. If the government physically appropriates part or all of a property for public use, that obviously constitutes a taking. When the government physically takes property, this is called a âcondemnation.â For example:
John owns a house in Oklahoma City. One day, a City official knocks on Johnâs front door and announces that the City needs some extra room for electricity wires. Therefore, the City is going to condemn the 3 foot wide swath of Johnâs property adjacent to the sidewalk and run electricity wires along that area. Clearly, this is a taking. Therefore, the City will have to compensate John by paying him the reasonable value of the property that the City is taking.
Permanent physical occupation by the government of a given area within a property is also considered a taking even if the government does not dispossess the property owner of actual ownership of the property.
Government regulation of a property, through zoning laws or other administrative rules, on the other hand, is not generally considered to be taking property. However, if a government regulation leaves the owner with no economically viable use of his or her property, then it will be considered a taking. For example:
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Does Eminent Domain Only Apply To Real Estate
While eminent domain is typically thought of as applying to real estate, it can technically be applied to any privately held property such as a car or your baseball card collection. However, as with real estate, the government would have to show a public use reason for taking your mint condition Honus Wagner rookie card.