Eminent Domain Indiana Form
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People also ask
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Can you get around eminent domain?
Property owners may wonder, “Can you challenge an eminent domain taking?” Challenging an eminent domain taking is possible, and it typically involves questioning whether the government's actions meet the legal criteria for a public use and fair compensation.
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What justifies eminent domain?
The Court considered the taking to be a public use because the community would enjoy the furthering of economic development. Further, the Kelo court determined that a governmental claim of eminent domain is justified if the seizure is rationally related to a conceivable public purpose.
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What states are illegal to use eminent domain?
Twelve states (Alabama, Georgia, Idaho, Indiana, Kentucky, Michigan, Ohio, South Dakota, Texas, Utah, West Virginia, Wisconsin) enacted legislation to prohibit the use of eminent domain for economic development.
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Has anyone won an eminent domain case?
With help from the Eminent Domain Abuse Survival Guide and IJ's own Lee McGrath in Minnesota, the Hollers fought an uphill battle and won their fight to keep their property. The county acquiesced that the library could be built without taking the Holler's property.
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What are the limitations of eminent domain?
There are two constitutional limitations on the power of eminent domain: 1) just compensation must be paid for the property condemned and 2) the property must be necessary for a public use. The power of eminent domain may be exercised only by a condemnor that is authorized by statute to exercise this power.
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How many states have limited the use of eminent domain?
Since Kelo v. New London, 47 states have strengthened their protections against eminent domain abuse, either through legislation or state supreme court decisions.
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What states don't allow eminent domain?
These include Alabama, Georgia, Idaho, Indiana, Kentucky, Michigan, Ohio, South Dakota, Texas, Utah, West Virginia, and Wisconsin. This doesn't mean eminent domain can't be used for purposes of public works, such as roads.
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Can you get around eminent domain?
Property owners may wonder, “Can you challenge an eminent domain taking?” Challenging an eminent domain taking is possible, and it typically involves questioning whether the government's actions meet the legal criteria for a public use and fair compensation.
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