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In the United States the concept of eminent domain regards property that is a critical public good. Areas on or off highways, and in the areas of major infrastructure can have the government take control of those lands, with the owners being compensated for the loss.
Wiki User
∙ 9y ago
Wiki User
∙ 11y agoThere are two methods:
(a) traditional open-market purchase, where the government negotiates with the landowner, just like any other prospective property buyer
(b) by using the concept of "eminent domain"; this is a forced sale of the property to the government, whereby a "fair market value" is provided to the former property owner, but the owner has no ability to deny the sale (actually, there is a limited ability, but only though the court system and a legal suit).
The price set for Eminent Domain seizures does NOT include any future value of the land (thus, if the government wants to put a railroad through your plot of land, the price WON'T reflect that possible future use). It only considered what similar local land is selling for, and also does not include any "sentimental" value that the original owner had for it. Basically, the price set by Eminent Domain is derived from what neighboring land has sold for in the recent (i.e. 5-10 year) time, adjusted for intrinsic value of the land (i.e. more for a nice view, less if it's all swamp, etc.).
In addition to the above two methods, which are how the federal government operates when it wishes to acquire a certain piece of property, there are three other ways that property may become owned by the federal government:
(1) It may be seized as part of a criminal investigation, and becomes permanently owned by the government upon fulfillment of certain legalities, which do not always require a successful prosecution. For instance: many laws stipulate a forfeiture of property if illegal drugs are discovered on them; this property can be forfeited even if the property owner is not charged with (or never convicted) of a drug crime.
(2) It may be donated to the government by a private citizen or organization, or default to government ownership due to a lack of proper heir (i.e. if a person dies, and does not leave proper instructions in a will, or it turns out there is no legally-defined recipient, the property can default to federal ownership).
(3) Territory and property can be gained via international treaty. The specifics of such a treaty are of course highly variable, but the United States can acquire any property owned by or sovereign under a foreign government through negotiated treaty.
Wiki User
∙ 11y agoThe US Government can acquire private property through eminent domain.
Eminent domain- "The right of a government or its agent to expropriate private property for public use, with payment of compensation."
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