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Can a school take private property in eminent domain for a water line to the school?
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What is meant by eminent domain?
Eminent domain is the right of the government, its agencies, and certain monopolies to take private property, especially land, for public use subject to reasonable compensation. For example, if the community school is no longer large enough to accommodate the growing population, and you are the farmer who owns the adjacent field, then the government can take the necessary portion of your field which would be required for an school expansion project even against your will. However, you have the right to fair compensation.
Can a town government force someone off their property and pay them twice the value of the land in order to build a school?
If they go through the proper channels, yes. This is called eminent domain.
What is an example of eminent domain?
One of the most the most common examples is alterations to state highways. Sometimes a road must be widened or straightened or an intersection is expanded to add lanes. The extra land needed for the alterations is taken from the abutting landowners by right of eminent domain.
How does the government get the title to a property?
There are several ways the government can acquire title to property:Property can be taken by eminent domain for a public purpose such as a school, highway relocation or park.Property can be taken from an owner who defaults on their property taxes.Property that was owned by a decedent who had no living heirs 'escheats' to the state.In some cases testators leave their property to the state to be added to public lands such as state or local parks.
Is a school bus school property?
In most cases, they're property of the school district. They may be property of a city or county, if the districts don't overlap city and county limits. Some areas, school bussing is provided by private contractors (such as First Student), and those are private property. Some districts which use contractors may own the bus, but hire contractor drivers.
Is going into school outside of school times legal?
yes, because the school's property is private so you could be arrested for tresspasing
Can you drive with out a permit with an instructor?
Yes, on private property or on a drivers school closed track.
What is the power that gives local school boards the ability to take property from individuals to build schools on?
The power of the government to take property from individuals is called "eminent domain". Historically it is a child of fuedalism and English Common Law based on the ancient principle that because the king owned all the land he can take it back. The federal, state or local government can take private property for a public purpose even if the property owner objects. The Fifth Amendment to the United States Constitution allows the government to take private property if the taking is for a public use and the owner is "justly compensated" (usually, paid fair market value) for his or her loss. A public use is virtually anything that is sanctioned by a federal or state legislative body, but such uses may include roads, parks, reservoirs, schools, hospitals or other public buildings. Sometimes called condemnation, taking or expropriation.
Who is the principal of higher secondary school betul?
B.R.Dhote sir, an eminent educationist.Principal higher secondary school,betul B.R.Dhote sir, an eminent educationist.Principal higher secondary school,betul
Should the government be allowed to seize private property with reasonable compensation for public or civic use?
The power of eminent domain comes from the U.S. Constitution, federal and state law, and court decisions all the way up to the United States Supreme Court. Federal, state, and local governments are allowed to use the power of eminent domain in cases of the public good where a property owner refuses to sell, or insists on an unrealistically high price for their property. There are restrictions on the use of eminent domain--the land must be for a public use. Eminent domain is uniquely designed to protect a property owner's financial investment.Also keep in mind that a jurisdiction cannot exercise eminent domain without recompensing the property owner for its fair market value. In other words, government pays for the land it takes in the amount that any other purchaser would pay for it. Government cannot simply seize land and walk away with it. Many people, however, believe that that is the purpose for eminent domain.Public use encompasses a host of uses: roads and highways, rights-of-way, parking garages, public utility easements, recreation, to mention a few.Whether or not a federal, state, or local government should exercise eminent domain is a matter of personal opinion and belief system. Many people believe that the rights of a single individual take precedence over that of their society. Some mindsets of this belief goes so far as to say that an individual's rights are more important than the rights of others, singly or collectively. In this view, government is not an agent of the people; it is a nebulous evil and an enemy and it must be curtailed.Others feel that the rights of an individual must be weighed against the rights of the collective (the public). Eminent domain is an area in which the rights of the collective are weighed against the rights of an individual and the collective is put first while ensuring the interest of the individual.It is important to understand that our highways and roads; recreational facilities; public lands, parks, and forests; school facilities; and sewer, water, and gas lines could not be built without the use of eminent domain. Private property owners can, will, and do, hold these projects hostage. Taxpayers pay for these projects, which means that you and I pay for them.If a single property owner were allowed to get in the way of these projects, it could have a severe impact on a project. Regardless of whether or not the project could be completed, it would be much more expensive to complete because other land would have to be purchased, and the project rerouted--relocated. This would add substantially to the cost of the project--increasing the cost that you and I pay for it.This is another scenario that some people don't think about. Picture a city that has bought up land to build a recreational complex. The land is zoned correctly, but a home sits right in the middle of the project. Either the homeowner won't sell the property or feels that they can extort a huge price for the property because they now think it is more valuable than it is. The jurisdiction says, no, we'll just go ahead and build around you. So, the recreational complex is built around the homeowner, with parking, night lights, crowds of people, noise, and the whole ten yards. Now, the homeowner's property is completely encircled and it has little to no value. They can't sell their property to anyone even for $1. No one did this to the property owner other than the property owner. Eminent domain can help ensure that someone doesn't end up financially shooting themselves in the foot. Sometimes, people can't recognize what's in their own best interests!Should governments be allowed the power of eminent domain?For those who believe that the individual rights (perceived or not), trump the individual rights of a member of a collective or the good of the collective, the answer would be no.For those who believe in the greater good, the answer is yes. For those who don't want to elevate the rights of one over the good of many individuals, the answer is yes. And for those who don't want to fund the shortsightedness, greed, and self-interest of others, the answer is yes.
Is Harvard a public or private school?
Harvard is a private school.
What are advantages of eminent domain?
As hard as it would be to see a restaurant or park taking the place of your home, there are many positive aspects of eminent domain. If a community is looking for a place to build something that could be used for its citizens as a whole, like a park, road, school, etc, it is important to consider what will benefit a community in its entirety. Not only should the monetary benefits be considered, but the community improvement, beautification, and the possibility of population increase are all positive outcomes. It is also important to consider the potential of a growth of comradery in the community. The development of a new public arena encourages people to congregate, in turn giving people more opportunities to get to know others. In most cases of eminent domain, the needs of the many outweigh the needs of the few.
