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Dictionary of Law |
eminent domain :: legal definitionEminent domain - n. the power of a governmental entity (federal, state, county or city government, school district, hospital district or other agencies) to take private real estate for public use, with or without the permission of the owner. The Fifth Amendment to the Constitution provides that "private property [may not] be taken for public use without just compensation." The Fourteenth Amendment added the requirement of just compensation to state and local government takings. The usual process includes passage of a resolution by the acquiring agency to take the property (condemnation), including a declaration of public need, followed by an appraisal, an offer, and then negotiation. If the owner is not satisfied, he/she may sue the governmental agency for a court's determination of just compensation. The government, however, becomes owner while a trial is pending if the amount of the offer is deposited in a trust account. Public uses include schools, streets and highways, parks, airports, dams, reservoirs, redevelopment, public housing, hospitals and public buildings. See also: condemn condemnation and Related Law Terms ↓ Related Law Termsabandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonmentabandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers. administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers. adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation amended pleading :: n. a changed written pleading in a lawsuit, includ ... o: amend amended complaint demurrer antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove. bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard. chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody civil rights :: n. those rights guaranteed by the Bill of Rights, ... ill of Rights civil civil liberties claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time. claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits. common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. common property :: n. 1) real property owned by "tenants in common," ... e, like parks and national forests. community property :: n. property and profits received by a husband and ... and distribution separate property comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence complaint :: n. the first document filed with the court (actual ... g prayer service of process summons condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain condemnation :: n. the legal process by which a governmental body ... eminent domain inverse condemnation condemnation action :: n. a lawsuit brought by a public agency to acquire ... e also: condemnation eminent domain condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract conversion :: n. a civil wrong (tort) in which one converts anot ... the crime of theft. See also: theft copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship corporation :: n. an organization formed with state governmental ... ation public corporation securities court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant covenants, conditions and restrictions :: n. commonly called "CC and Rs," these are written ... ctive purchaser. See also: covenant d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state. damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession District Attorney (D.A.) :: n. an elected official of a county or a designated ... dent and serve at his/her pleasure. divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier. easement :: n. the right to use the real property of another f ... rstandings at the time of creation. entrapment :: n. in criminal law, the act of law enforcement off ... e drugs if not pressed by the narc? equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default foreclosure sale :: n. the actual forced sale of real property at a pu ... dicial sale mortgage sheriff's sale fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment highway :: n. any public street, road, turnpike or canal whic ... rivilege and not an absolute right. home rule :: n. the power of a local city or county to set up i ... state funds for local improvements. immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity incest :: n. sexual intercourse between close blood relative ... ily genes carrying such weaknesses. incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant. insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery interstate commerce :: n. commercial trade, business, movement of goods o ... and the I.C.C. may soon be history. invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy inverse condemnation :: n. the taking of property by a government agency w ... e also: condemnation eminent domain invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire just compensation :: n. 1) in general a fair and reasonable amount of m ... ation make one whole quantum meruit laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). land :: n. real property, real estate (and all that grows ... See also: real estate real property law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien minority :: n. 1) in voting, a side with less than half the vo ... See also: legal age majority minor mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary. notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending patent infringement :: n. the manufacture and/or use of an invention or i ... not. See also: infringement patent peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ petty larceny :: n. a term used in many states for theft of a small ... emeanor in charging and sentencing. police powers :: n. from the 10th Amendment to the Constitution, wh ... host of state regulatory statutes. possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement private road :: n. a road or driveway on privately owned property, ... ng. See also: prescriptive easement privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury property :: n. anything that is owned by a person or entity. P ... rty real property separate property prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor public :: 1) n. the people of the nation, state, county, dis ... lands and public and private roads. public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals. public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement public nuisance :: n. a nuisance which affects numerous members of th ... y the neighbors. See also: nuisance public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records. public trust doctrine :: n. the principle that the government holds title t ... interest has been dubious at best. public use :: n. the only purpose for which private property can ... e also: condemnation eminent domain public utility :: n. any organization which provides services to the ... nder state laws. See also: monopoly qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title real estate :: n. land, improvements and buildings thereon, inclu ... the future. See also: real property real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures. rental value :: n. the amount which would be paid for rental of si ... alimony to be paid. See also: rent reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries. restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust reversion :: n. in real property, the return to the grantor or ... lled "reverter." See also: reverter robbery :: n. 1) the direct taking of property (including mon ... We've been robbed." See also: theft rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today. search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure seduction :: n. the use of charm, salesmanship, promises, gifts ... ry breach of promise date rape rape seized :: (seised) n. 1) having ownership, commonly used in ... by force. See also: seisin seizure self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide separate property :: n. in community property states (California, Texas ... pouse. See also: community property service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process service of process :: n. the delivery of copies of legal documents such ... by publication substituted service servient estate :: n. real property which has an easement or other us ... See also: dominant estate easement sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale sodomy :: n. anal copulation by a man inserting his penis in ... tiality). See also: bestiality rape special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox. spot zoning :: n. a provision in a general plan which benefits a ... . See also: grandfathered in zoning spousal support :: n. payment for support of an ex-spouse (or a spous ... but two. See also: alimony divorce statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death treason :: n. the crime of betraying one's country, defined i ... nment. See also: espionage sedition trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime. use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest. use tax :: n. a state tax on goods purchased in another state ... e" tax equivalent to its sales tax. variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens will :: n. a written document which leaves the estate of t ... will and testament probate testator Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - Eearnest payment :: n. a deposit paid to demonstrate commitment and to ... (liquidated) or committed damages.easement :: n. the right to use the real property of another f ... rstandings at the time of creation. egress :: n. way of departure. A word usually used in conjun ... unction with "access" or "ingress." EIR :: n. popular acronym for environmental impact report ... e also: environmental impact report ejectment :: n. a lawsuit brought to remove a party who is occu ... o the property through her parents. ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation. elder law :: n. a specialty in legal practice, covering estate ... t field. (definition revised: 9/02) election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented. election under the will :: n. in those states which have statutes which give ... arries) left to her under his will. eleemosynary :: (eh-luh-moss-uh-nary) adj. charitable, as applied ... pplied to a purpose or institution. element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support. embezzlement :: n. the crime of stealing the funds or property of ... in trust. See also: embezzler theft embezzler :: n. a person who commits the crime of embezzlement ... r property of an employer or trust. emblements :: n. crops to which a tenant who cultivated the land ... ome the property of his/her estate. emergency :: n. a sudden, unforeseen happening which requires a ... r to protect lives and/or property. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation emolument :: n. salary, wages and benefits paid for employment ... d for employment or an office held. emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment |