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FindLaw
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Eminent Domain
By Missouri Bar Center
What Is Eminent Domain?
"Eminent domain," often called "condemnation," is the legal process by which a public body (and certain private bodies, such as utility companies, railroads, redevelopment corporations and some others) are given the legal power to acquire private property for a use that has been declared to be public by constitution, statute or ordinance.
The "condemnor" is the public or private body having the legal power of eminent domain. The "condemnee" is the owner of the private property sought to be taken.
Under the United States and Missouri constitutions, private property may be taken by eminent domain so long as the taking is for a public purpose and the condemnor pays just compensation.
The "public purpose" is the use defined in the constitution, statute or ordinance. "Just compensation" is the "fair market value" of the property and any consequential damages. The "fair market value" is the current value of land and improvements, based on what price the property would bring if the owner did not have to sell and the buyer did not have to buy.
To use the power of eminent domain, the condemnor must be authorized, by statute or ordinance, to take the property for a specific public purpose. The condemnor must also try to buy the property from the property owner by good faith negotiation. The condemnor must make an unqualified offer to buy. Only after the condemnor and the property owner cannot agree may the condemnor bring the matter to local circuit court by filing a Petition in Eminent Domain.
Originally posted by Bleeeeep
reply to post by azureskys
Lets say America goes bankrupt and has to sell off all its property to China.
People said communist fail, capitalist rules, now socialist China show the other side of story.
Other workaround is - keep buying China junk product, you got to keep the boss happy!
Originally posted by Aloysius the Gaul
Originally posted by Bleeeeep
reply to post by azureskys
Lets say America goes bankrupt and has to sell off all its property to China.
It doesn't work quite like that.
If a country defaults - "goes bankrupt" then people, and other countries stop lending to it - imagine the 2008 financial crisis - only not only do the banks all fail, completely, and everyone loses all their savings, but also hyper-inflation - the US$ becomes worthless - think Zimbabwe.
So you can't import anything unless you have "hard currency" - ie you can only import as much as you are earning from overseas - the Chinese won't sell you cheap goods, you can't get Japanese cars, you cant' even get US cars because you can't import the steel or aluminium or plastic or whatever else is imported.
You won't be able to use cars anyway, because you won't be able to import oil - in fact you'll probably be desperately trying to export all the oil you can for "hard currency" in order to import raw materials to make basic consumer goods.
No more subsidies for farmers - no oil means massive losses in farm production - problems with distribution - potentially starvation in cities.
Bankruptcy of a country is nothing like bankruptcy of a person or a company - that is why the EU is trying so desperately to avoid having any European countries (eg Greece) default.