Eminent Domain

Eminent domain is the right of the pcople or government to take private property for public use.

Code Civ. Proc. Cal. § 1237; Cherokee Nation v. Southern Kan. R. Co. (D. C.) 33 Fed. 905; Comm. v. Alger, 7 Cush. (Mass.) 85; American Print Works v. Lawrence, 21 N. J. Law, 257; Twelfth St. Market Co. v. Philadelphia & R. T. R. Ch, 142 Pa. 580, 21 Atl. 989; Todd v. Austin, 34 Conn. 88; Kohl v. U. S., 91 In S. 371, 23 L. Ed. 449.

The right of eminent domain is the right of the state, through its regular organisation, to reassert, either temporarily or permanently, its dominion over any portion of the soil of the sinte on account of public exigency and for the public good. Thus, in time of war or insurrection, the proper authorities may possess and hold any part of the territory of the state for the common safety; and in time of peace the legislature may authorize the appropriation of the same to public purposes, such aS the opening of roads, construction of defenses, or providing channels for trade or travel.

Code Ga. 1882, § 2222.

The right of society, or of the sovereign, to dispose, in case of necessity, and for the public safety, of ali the wealth contained iu the state, is called "eminent domain."

Jques v. Walker, 2 Paine, 688, Fed. Cas. No. 7,507.

Eminent domain is the highest and most exact idea of property remaining in the government, or in the aggregate body of the people in their sovereign capacity. It gives a right to resume the possession of the property in the manner