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Estate Planning

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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.

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