The Power of Eminent Domain

Document Type:Essay

Subject Area:Law

Document 1

However, the session was conducted in the absence of the owner but a procedure was established by the American emigrants towards hearing the compensation issue. In the case of Kohl v. the United States, 91 U. S. 367 (1875), it was held by the Supreme Court that the government is legally authorized to take a private property through eminent domain provided that a reasonable compensation is given to the owner (Benson, p. 469 ( 2005), to clarify on what public use means, it was held by the Supreme Court that the overall advantages a society would derive from continual use in the developing an economy is sufficient for use by the public (Burling, p. Works Cited Benson, Bruce L. "Do Holdout Problems Justify Compulsory Right-of-Way Purchase and Public Provision of Roads?.

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