eminent domain

eminent domain
The power of the nation or a sovereign state to take, or to authorize the taking of, private property for a public use without the owner's consent, conditioned upon the payment of a just compensation. 26 Am J2d Em D § 1. The theory of such power, otherwise known as compulsory purchase or expropriation, is that all lands are held mediately or immediately from the state, upon the implied condition that the eminent domain, the superior dominion, remains in the state, authorizing it to take the same for public uses, when necessity requires it, by paying therefor an equivalent in money. It resembles the ancient prerogative of purveyance whereby the crown enjoyed the right of buying up provisions and other necessaries for the use of the royal household at an appraised valuation, and in preference to all others, even without the consent of the owner. Re Barre Water Co. 62 Vt 27, 30 A 109. See condemnation; just compensation; public use.

Ballentine's law dictionary. . 1998.

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