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Hawaii Complaint for Eminent Domain by City for Public Connector Road

Hawaii Complaint for Eminent Domain by City for Public Connector Road

Name: Hawaii Complaint for Eminent Domain by City for Public Connector Road
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.61 (350 reviews)

Category:

Hawaii Court Samples - Real Estate - Eminent Domain - Condemnation - Sample Case 2

State:

Hawaii

Control #:

HI-KH-037-02

Format:

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A02 Complaint for Eminent Domain by City for Public Connector Road

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FAQ

The government can only acquire private lands if it is reasonably shown that the property is to be used for public purpose only. Federal, state, and local governments can seize people's homes under eminent domain laws as long as the property owner is compensated at fair market value.

Although eminent domain is primarily associated with this section of the Constitution and the power of the federal government, eminent domain is a power of local and state governments as well.As stated in the Constitution, property must be acquired for public use and the property owner must be justly compensated.

Historically, eminent domain has been used to take private property for highways and other public works. But in 1954, in the landmark Berman case, the Supreme Court expanded the definition of public use to grant local governments broad authority to condemn blighted areas to improve them.

Assuming you decline, the government will file an action in court to seize your property through eminent domain. Then, the court schedules an Order of Taking. This is a court hearing in which the government argues that it attempted to purchase your land for a fair price and is justified in seizing it for public use.

Most public entities in California have the power of eminent domain to take private property for a public use. The entities include: the State of California; State agencies like CalTrans or the High-Speed Rail Authority; counties; cities; towns; school districts; and other special districts.

The condemnation of your properties for the erection of a business and technology park whose owners are private parties does not serve the public good and are therefore an abuse of the eminent domain authority.

Eminent domain is the power of local, state or federal government agencies to take private property for public use so long as the government pays just compensation. Pursuant to Cal Code Civ Proc § 1230.030 private property shall be taken by eminent domain only when there is a public use.

The eminent domain power is subjected to certain constitutional limits such as: The property acquired must be taken for a public use; The state must pay just compensation in exchange for the property; No person must be deprived of his/her property without due process of law.

Hawaii Complaint for Eminent Domain by City for Public Connector Road

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FAQ

Can a city use eminent domain?

Can local government use eminent domain?

Can eminent domain be used for private use?

What happens if you refuse eminent domain?

Can a city exercise eminent domain?

What constitutes abuse of eminent domain?

Who can use eminent domain?

What are the limits of eminent domain?

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