Legal Questions

What are the requisites of eminent domain?

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They are:

(1)  the expropriator must enter a private property;

(2)  the entry must be for more than a momentary period.

(3)  the entry must be under warrant or color of legal authority;

(4)  the property must be devoted to public use or otherwise informally appropriated or injuriously affected;

(5)   the utilization of the property for public use must be in such a way as to oust the owner and deprive him of beneficial enjoyment of the property.

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