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Eminent Domain In The United States
In the United States, eminent domain is the power of a state or the federal government to take private property for public use while requiring just compensation to be given to the original owner. It can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise the functions of public character. Property taken by eminent domain may be for government use or by delegation to third parties, who will devote it to public or civic use or, in some cases, to economic development. The most common uses are for government buildings and other facilities, public utilities, highways and railroads. However, it may also be taken for reasons of public safety, as in the case of Centralia, Pennsylvania, where land was taken due to an underground mine fire. Some jurisdictions require that the condemnor make an offer to purchase the subject property before resorting to the use of eminent domain. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright
A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights normally include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Bill Of Rights
The United States Bill of Rights comprises the first ten list of amendments to the United States Constitution, amendments to the United States Constitution. It was proposed following the often bitter 1787–88 debate over the Timeline of drafting and ratification of the United States Constitution, ratification of the Constitution and written to address the objections raised by Anti-Federalism, Anti-Federalists. The amendments of the Bill of Rights add to the Constitution specific guarantees of personal freedoms, such as Freedom of speech in the United States, freedom of speech, the Freedom of the press in the United States, right to publish, Freedom of religion in the United States, practice religion, Right to keep and bear arms in the United States, possess firearms, Right to assemble, to assemble, and other natural and legal rights. Its clear limitations on the government's power in judicial and other proceedings include explicit declarations that all powers not specificall ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Third Amendment To The United States Constitution
The Third Amendment (Amendment III) to the United States Constitution places restrictions on the quartering of soldiers in private homes without the owner's consent, forbidding the practice in peacetime. The amendment was a response to the Quartering Acts passed by the Parliament of Great Britain during the buildup to the American Revolutionary War, which had allowed the British Army to lodge soldiers in public buildings. The Third Amendment was introduced in Congress in 1789 by James Madison as a part of the United States Bill of Rights, in response to Anti-Federalist objections to the new Constitution. Congress proposed the amendment to the states on September 28, 1789, and by December 15, 1791, the necessary three-quarters of the states had ratified it. Secretary of State Thomas Jefferson announced the adoption of the amendment on March 1, 1792. The amendment is one of the least controversial of the Constitution and is rarely litigated, with criminal justice writer Radle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Use
Public use is a legal requirement under the Fifth Amendment to the United States Constitution#Eminent domain, Takings Clause ("nor shall private property be taken for public use without just compensation") of the Fifth Amendment to the United States Constitution, Fifth Amendment of the United States Constitution, U.S. Constitution, that owners of property seized by eminent domain for "public use" be paid "just compensation." The distinction between ''public use'' and ''public purpose'' has created a doctrinally confusing and highly controversial subset of public use doctrine. This controversy was renewed after the Supreme Court of the United States, Supreme Court's decision in ''Kelo v. City of New London'' (2005). In that decision, the Court upheld the precedent regarding economic development takings set forth in ''Hawaii Housing Authority v. Midkiff'' and ''Berman v. Parker'', and permitted, in a 5–4 decision, the taking of private property that was to be transferred to a priva ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on United States constitutional criminal procedure, criminal procedures. It was ratified, along with nine other amendments, in 1791 as part of the United States Bill of Rights, Bill of Rights. The Supreme Court of the United States, Supreme Court has extended most, but not all, rights of the Fifth Amendment to the state and local levels. This means that neither the federal, state, nor local governments may deny people rights protected by the Fifth Amendment. The Court furthered most protections of this amendment through the Due Process Clause of the Fourteenth Amendment to the United States Constitution, Fourteenth Amendment. One provision of the Fifth Amendment requires that most felony, felonies be tried only upon indictment#United States, indictment by a Grand juries in the United States, grand jury, which the Court ruled does not app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Madison
James Madison (June 28, 1836) was an American statesman, diplomat, and Founding Fathers of the United States, Founding Father who served as the fourth president of the United States from 1809 to 1817. Madison was popularly acclaimed as the "James Madison as Father of the Constitution, Father of the Constitution" for his pivotal role in drafting and promoting the Constitution of the United States and the United States Bill of Rights, Bill of Rights. Madison was born into a prominent slave-owning Planter class, planter family in Virginia. In 1774, strongly opposed to British taxation, Madison joined with the Patriot (American Revolution), Patriots. He was a member of the Virginia House of Delegates and the Continental Congress during and after the American Revolutionary War. Dissatisfied with the weak national government established by the Articles of Confederation, he helped organize the Constitutional Convention (United States), Constitutional Convention, which produced a n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Allodial Title
Allodial title constitutes ownership of real property (land, buildings, and fixtures) that is independent of any superior landlord. Allodial title is related to the concept of land held "in allodium", or land ownership by occupancy and defense of the land. Most property ownership in common law jurisdictions is fee simple. In the United States, the land is subject to eminent domain by federal, state and local government, and subject to the imposition of taxes by state and/or local governments, and there is thus no true allodial land. Some states within the U.S. (notably, Nevada and Texas) have provisions for considering land allodial under state law, and the term may be used in other circumstances. Land is "held of the Crown" in England and Wales and other jurisdictions in the Commonwealth realms. Some land in the Orkney and Shetland Islands, known as udal land, is held in a manner akin to allodial land in that these titles are not subject to the ultimate ownership of the Cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Feudalism
Feudalism, also known as the feudal system, was a combination of legal, economic, military, cultural, and political customs that flourished in Middle Ages, medieval Europe from the 9th to 15th centuries. Broadly defined, it was a way of structuring society around relationships derived from the holding of land in exchange for service or labour. The classic definition, by François Louis Ganshof (1944),François Louis Ganshof (1944). ''Qu'est-ce que la féodalité''. Translated into English by Philip Grierson as ''Feudalism'', with a foreword by F. M. Stenton, 1st ed.: New York and London, 1952; 2nd ed: 1961; 3rd ed.: 1976. describes a set of reciprocal legal and Medieval warfare, military obligations of the warrior nobility and revolved around the key concepts of lords, vassals, and fiefs. A broader definition, as described by Marc Bloch (1939), includes not only the obligations of the warrior nobility but the obligations of all three estates of the realm: the nobility, the cl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas Jefferson
Thomas Jefferson (, 1743July 4, 1826) was an American Founding Fathers of the United States, Founding Father and the third president of the United States from 1801 to 1809. He was the primary author of the United States Declaration of Independence, Declaration of Independence. Jefferson was the nation's first United States Secretary of State, U.S. secretary of state under George Washington and then the nation's second vice president of the United States, vice president under John Adams. Jefferson was a leading proponent of democracy, republicanism, and Natural law, natural rights, and he produced formative documents and decisions at the state, national, and international levels. Jefferson was born into the Colony of Virginia's planter class, dependent on slavery in the colonial history of the United States, slave labor. During the American Revolution, Jefferson represented Virginia in the Second Continental Congress, which unanimously adopted the Declaration of Independence. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of The United States
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the Federal government of the United States, federal government. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the Unit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
