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99-647: Bergen Arches is an abandoned railroad right of way through Bergen Hill (the lower New Jersey Palisades ) in Jersey City , New Jersey . Bergen Arches is the common name for the Erie Cut , the Erie Railroad 's mile-long, four-track cut which linked the railroad's main line to its Hudson River waterfront Pavonia Terminal , where travelers to Manhattan could transfer to the Pavonia Ferry or

198-546: A Government work". Local government authorities (such as City or District councils) are also empowered under the same section to acquire land for "local work for which it has financial responsibility." In the Bahamas, the Acquisition of Land Act operates to permit the acquisition of land where it is deemed likely to be required for a public purpose. The land can be acquired by private agreement or compulsory purchase (s7 of

297-512: A broad swath of land, as do many government-owned conversation areas. Some public rights-of-way are negotiated with government as a part of property development. This can result in a public-use right of way, such as an urban waterfront walkway, the public right to use a lobby as a shortcut during business hours, or public access to recreational land such as an urban park (which may include activities not limited to simply passing through). In England and Wales under current law, public access to rivers

396-441: A certain number of years without obstruction by the property owner. Changes to circumstances (such as construction of a new road that connects to the dominant estate), disuse, and obstruction by the property owner may affect this type of right. In other geographic situations, several neighbors will agree to maintain (or inherit from the original developer) a private road that connects their properties, either as communally owned or as

495-414: A concession) are known as in gross and are typically created by arrangement. Right-of-way easements that benefit the general public are often created for foot, bridle, mountain bike, and ATV paths (often carrying a mix of users). These routes are all formally highways, but have legally restricted modes of use. Such rights-of-way might extend a recreational trail network from land owned by the government or

594-471: A consulting firm, released another report commissioned by New Jersey Department of Transportation (NJDOT) and describing the conditions and analyzing of various options. NJDOT has continued to fund studies for the project. In March 2011, an additional $ 13.4 million was allocated to advance the project. A Bergen Arches Preservation Coalition has proposed to run the East Coast Greenway through

693-418: A contractual, appurtenant easement. Private ownership typically gives the owners more power, such as the right to restrict parking to owners and their guests. Traffic laws (such as obeying speed limits and stop signs) typically still apply to private roads if they are open to the general public. Transferrable easements (such as the right to use a specific boat ramp not used by the property owner or operate it as

792-423: A conversation non-profit, to connect trails to public roads, to make long-distance trails , or provide access to a beach or waterfront. Especially in common law jurisdictions, these can be created by longstanding use, also known as easement by prescription . They can also be purchased or by a government or conservation group or created by eminent domain. Property owners can also explicitly grant permission to use

891-445: A general or a special law which authorizes expropriation for the public benefit or the national interest, duly qualified by the legislator. The expropriated party may protest the legality of the expropriation action before the ordinary courts of justice and shall, at all times, have the right to indemnification for patrimonial harm actually caused, to be fixed by mutual agreement or by a sentence pronounced by said courts in accordance with

990-664: A government or private right-of-way. When a road, railroad, or canal is no longer needed, the effect on property rights depends on the jurisdiction and how the right of way was created. Many jurisdictions have a formal process of voluntary discontinuation or abandonment, often involving public comment. This allows the government to clarify which facilities it will and will not spend money to maintain, which can affect property owners and values. It also clearly distinguishes between transportation facilities which are temporarily not being used versus those which are permanently out of use, and provides for orderly transfer of rights. When an easement

1089-619: A matter of Australian law, all land was originally owned by the Crown before it was sold, leased or granted and that, through the act of compulsory acquisition, the Crown is "resuming" possession. In New Zealand, the Public Works Act 1981 outlines the powers of the state in relation to land used for public purposes. Under Section 16 of the Public Works Act 1981 the Minister is "empowered to acquire under this Act any land required for

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1188-581: A natural or de facto monopoly , and an essential service of public utility. The most famous nationalization in Italy was the 1962 nationalization of the electrical power sector . Article 33.3 of the Spanish Constitution of 1978 allows forced expropriation ( expropiación forzosa ) only where justified on the grounds of public utility or social interest and subject to the payment of appropriate compensation as provided for in law. The right of

1287-420: A partial taking provides economic benefits specific to the remainder, those must be deducted, typically from severance damages. Some elements of value, such as a business's connection to the location and the goodwill of the public , are only compensable in a few jurisdictions; where they are not, fair market value may be less than the value of the location to the current user. The practice of condemnation came to

1386-457: A permanent public easement. Some jurisdictions legally recognize the right to roam —to move through any undeveloped land unless otherwise posted or fenced. This allows wandering beyond established trails. Even without a general the right to roam, not all rights-of-way have a physical indication of boundaries, and some easements do not specify any particular path to be taken when crossing. Some easements permit certain recreational activities across

1485-559: A popular destination for foreign tourists in the city. Traditional rights of way take the form of servitude de passage (right of passage) and droit de marche-pied (right to walk, along canals and canalised rivers). There is a system of about 120,000 kilometres of well-marked footpaths in France. Many were formerly the main routes between villages and are often "steeper and more direct than modern roads". There are also, in addition, sentier de grande randonnée , long distance trails . In

1584-420: A public way is over the private property of a single neighbor. In these cases, the owner of the "servient" estate (which is the one being crossed) may simply give permission, or the "dominant" estate (the one needing access) may purchase the easement, for example to construct a driveway. Such easements are attached to the dominant estate, or appurtenant . The dominant estate cannot sell the easement separately from

1683-412: A right of way on land it already owns, for example a public park or "unowned" land leftover from the creation of the country), or seize land or an easement by eminent domain (compulsory purchase). Private companies can purchase land or easements, and in some cases (such as private toll roads (turnpikes), canals, and railroads in the 18th and 19th centuries) have been given the power of eminent domain for

1782-401: A route, either through a deed restriction or informal means such as posted signs, and may place restrictions on times or types of traffic allowed. Whether this permission can be revoked or expire from disuse depends considerably on the legal jurisdiction, how it was granted, and the circumstances of public use. Some of these " permissive paths " are closed once a year to prevent the creation of

1881-664: A state or municipality to buy property when it is determined to be of "particular public interest" is regulated in Expropriationslagen (1972:719). The government purchases the property at an estimated market value plus a 25% compensation. The law also states that the property owner shall not suffer economic harm because of the expropriation. After his victory in 1066, William the Conqueror seized virtually all land in England. Although he maintained absolute power over

1980-459: A statute was passed granting commissioners of sewers in Lincolnshire the power to take land without compensation. After the early 16th century, however, Parliamentary takings of land for roads, bridges, etc. generally did require compensation. The common practice was to pay 10% more than the assessed value. However, as the voting franchise was expanded to include more non-landowners, the bonus

2079-412: A user to claim a right of way after 12 years of use across private land owned by another, 30 years on state land and 60 years on the foreshore . The claimant must apply to the courts, and have their claim confirmed by a court order, and then have it duly registered on the title deeds, a lengthy process. The user must prove "enjoyment without force, without secrecy and without the oral or written consent of

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2178-440: A variety of incidental losses caused by the taking of their property that, though incurred and readily demonstrable in other cases, are deemed by the courts to be noncompensable in eminent domain. The same is true of attorneys' and appraisers fees. But as a matter of legislative grace rather than constitutional requirement some of these losses (e.g., business goodwill) have been made compensable by state legislative enactments, and in

2277-403: A way as to bring in increased tax revenues to the government. Some jurisdictions require that the taker make an offer to purchase the subject property, before resorting to the use of eminent domain. However, once the property is taken and the judgment is final, the condemnor owns it in fee simple , and may put it to uses other than those specified in the eminent domain action. Takings may be of

2376-446: Is a legal maneuver that avoids full abandonment, preserving a railroad easement for future reactivation without reverting property rights to real estate owners. Rail trails are often constructed on rights-of-way that no longer host active railroads, putting the property to productive use while preventing obstructions like buildings or crossing infrastructure from being built. These may be used for recreation or for bicycle commuting, given

2475-697: Is available to the landowner, with the Lands Tribunal for Scotland dealing with any disputes arising from the value of compensation. As in England and Wales, the law of compulsory purchase in Scotland is complex. The current statutes regulating compulsory purchase include: the Lands Clauses Consolidation (Scotland) Act 1845 ( 8 & 9 Vict. c. 19); the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 ; and

2574-705: Is compensated with a price agreed or stipulated by an appropriate person. Where agreement on price cannot be achieved, the value of the taken land is determined by the Upper Tribunal . The operative law is a patchwork of statutes and case law. The principal acts are the Lands Clauses Consolidation Act 1845 ( 8 & 9 Vict. c. 18), the Land Compensation Act 1961 , the Compulsory Purchase Act 1965 ,

2673-406: Is defined as a right of way , and in addition there is a general presumption of access to the countryside. Private rights of way or easements also exist. Footpaths , bridleways and other rights of way in most of England and Wales are shown on definitive maps . A definitive map is a record of public rights of way in England and Wales. In law it is the definitive record of where a right of way

2772-494: Is done, the state is bound to make good the loss to those who lose their property. The exercise of eminent domain is not limited to real property . Condemnors may also take personal property, even intangible property such as contract rights, patents , trade secrets , and copyrights . Even the taking of a professional sports team 's franchise has been held by the California Supreme Court to be within

2871-703: Is generally provided on ocean waters under the law of the sea , subject to national laws. Public access to tidal shores depends on the jurisdiction. In the United States , railroad right-of-way easements carry with them, under applicable state laws, the right to control access by the public and even by the owner of the underlying land. Most U.S. railroads employ their own police forces, who can arrest and prosecute trespassers found on their rights-of-way. Some railroad rights-of-way (both active and disused) include recreational rail trails . In Canada railroad rights of way are regulated by federal law. In October 1880

2970-546: Is located. The highway authority (normally the county council , or unitary authority in areas with a one-tier system) has a statutory duty to maintain a definitive map, though in national parks the national park authority usually maintains the map. In Scotland , a right of way is a route over which the public has been able to pass unhindered for at least 20 years . The route must link two "public places", such as villages, churches or roads. Unlike in England and Wales there

3069-539: Is more restricted than other parts of the UK, so that in many areas walkers can only enjoy the countryside because of the goodwill and tolerance of landowners. Permission has been obtained from all landowners across whose land the Waymarked Ways and Ulster Way traverse. Much of Northern Ireland's public land is accessible, e.g. Water Service and Forest Service land, as is land owned and managed by organisations such as

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3168-399: Is no obligation on Scottish local authorities to signpost rights of way. However the charity Scotways , formed in 1845 to protect rights of way, records and signs the routes. The Land Reform (Scotland) Act 2003 codified in law traditional, non-motorised, access practices on land and water. Under the 2003 act a plain language explanation of rights is published by Scottish Natural Heritage:

3267-659: Is restricted, and only 2% of all rivers have public access rights. The Rivers Access Campaign is being undertaken by the British Canoe Union (BCU) to open up the inland water-ways in England and Wales on behalf of members of the public. Canals are not, in general, public rights of way in England and Wales. Waterways in the care of the Canal & River Trust are accessible for use by boats, canoeists, paddleboarders and other watercraft upon payment of an appropriate licence fee. Walkers and cyclists can freely use

3366-513: Is terminated, full rights automatically revert to the owner of the real estate over which the right of way passed. Some jurisdictions have a separate formal process for terminating disused right-of-way easements involuntarily, such as adverse abandonment for railroads in the United States. This allows property owners to regain full use after a railroad stops running but does not initiate the legal abandonment process on its own. Railbanking

3465-421: Is the compulsory acquisition of private property for public use . It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise

3564-425: Is up to the owner to sell it to abutters, a conservation non-profit, another transportation company, or some other buyer. Full land ownership generally cannot be lost due to disuse, but abandoned right-of-way land can be taken by the government due to non-payment of property tax , by escheat if no private owner can be found (due to death without heirs or disincorporation), or by eminent domain if it wishes to return

3663-656: Is used for freight, and is being restored as part of Liberty Corridor Project as an extension of National Docks Secondary line. Various projects have been proposed for the abandoned track bed: for a four-lane or six-lane highway that would connect the New Jersey Turnpike and U.S. Route 1/9 bypassing traffic headed along New Jersey Route 139 for the Holland Tunnel , extension of the Hudson Bergen Light Rail , or in conjunction with

3762-412: Is used to describe the formal act of exercising the power to transfer title or some lesser interest in the subject property. The constitutionally required "just compensation" in partial takings is usually measured by fair market value of the part taken, plus severance damages (the diminution in value of the property retained by the owner [remainder] when only a part of the subject property is taken). Where

3861-592: The East Coast Trail , established by a group of hiking enthusiasts, makes use of traditional trails between local communities along the coast of the Avalon Peninsula . In the Philippines , right of way disputes often arise when landowners block access to paths or roads that have been used by the public or specific individuals for a considerable period. The issue typically centers on whether

3960-603: The Federal Court has extended the states' power to resume property to any form of physical property. For the purposes of section 51(xxxi), money is not property that may be compulsorily acquired. The Commonwealth must also derive some benefit from the property acquired, that is, the Commonwealth can "only legislate for the acquisition of Property for particular purposes". Accordingly, the power does not extend to allow legislation designed merely to seek to extinguish

4059-558: The Harsimus Stem Embankment , a recreational greenway . A freeway proposed in 1989 by Governor Thomas Kean was strongly supported by then-Mayor Bret Schundler . In 1998, this project was allocated $ 26 million in the federal Transportation Equity Act for the 21st Century . During the 2001 mayoral race , candidates instead lobbied for a mass transit line, and in 2002 the plans were dropped during Mayor Cunningham's administration . In that year, Parsons Brinckerhoff ,

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4158-477: The Hudson and Manhattan Railroad . From 1906 to 1910, using 250,000 pounds of dynamite, workers blasted through 800,000 cubic yards (610,000 m) of blue trap rock; 160,000 cubic yards (120,000 m) of earth were excavated. There were construction cost overruns (and settlements paid to local homeowners for damage and injuries from flying rock), with a total cost around $ 5 million, that led to financial trouble for

4257-798: The Land Compensation (Scotland) Act 1963 . The Scottish Law Commission considered the current state of the law of compulsory purchase and advocated reforms in its Discussion Paper on Compulsory Purchase . Such reforms have yet to be made by the Scottish Parliament . In Australia, section 51(xxxi) of the Australian Constitution permits the Commonwealth Parliament to make laws with respect to "the acquisition of property on just terms from any State or person for any purpose in respect of which

4356-568: The Land Compensation Act 1973 , the Acquisition of Land Act 1981 , part IX of the Town and Country Planning Act 1990 , the Planning and Compensation Act 1991 , and the Planning and Compulsory Purchase Act 2004 . In Scotland , eminent domain is known as compulsory purchase. The development of powers of compulsory purchase originated in the railway mania of the Victorian period . Compensation

4455-578: The Land War of the 1880s to the end of British rule in 1922. Rights of way can be asserted by adverse possession , but proving continuous use can be difficult. A case heard in 2010 concerning claims over the Lissadell House estate was based on the historical laws, since amended by the Land and Conveyancing Law Reform Act, 2009 . The 2009 act abolished the doctrine of lost modern grant, and allows

4554-532: The National Trust and the Woodland Trust . Northern Ireland has much the same legal system as England, including concepts about the ownership of land and public rights of way, but it has its own court structure, system of precedents and specific legislation concerning rights-of-way and right-to-roam. In Québec City , Canada, which was originally built on the riverside bluff Cap Diamant in

4653-526: The Republic of Ireland , pedestrian rights of way to churches, known as mass paths , have existed for centuries. In other cases, the modern law is unclear; Victorian era laws on easements protect a property owner's rights, amplified by the 1937 constitution , which stipulate that a right of way has to be specifically dedicated to public use. Opposing these, those claiming general rights of way hark back to an anti- landed gentry position that lasted from

4752-481: The Scottish Outdoor Access Code . Certain categories of land are excluded from this presumption of open access, such as railway land, airfields and private gardens. Section 4 of the access code explains how land managers are permitted to request the public to avoid certain areas for a limited period in order to undertake management tasks, however longer term restrictions must be approved by

4851-416: The centerline presumption (formerly strip and gore doctrine ). This doctrine may also be used to assert mineral rights under neighboring government-maintained roads in some jurisdictions, a question which has become more relevant since the invention of horizontal drilling . In other jurisdictions or circumstances, the right-of-way is simply a normal parcel which happens to have an unusual shape, and it

4950-477: The local authority . The ability to temporarily restrict public access is commonly exercised without notice by shooting, forestry or wind farm operators, but does not extend to public rights of way. In Scotland the public have a higher degree of freedom on rights of way than on open land. Blocking a right of way in Scotland is a criminal obstruction under the Highways Act, just as in England and Wales, but

5049-400: The "acquisition or requisition of property" (Schedule VII, Entry 42, List III). It is this provision that has been interpreted as being the source of the state's "eminent domain" powers. The provisions relating to the right to property were changed a number of times. The 44th amendment of 1978 deleted the right to property from the list of Fundamental Rights. A new article, Article 300-A,

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5148-697: The 17th century, there are strategically placed public stairways that link the bluff to the lower parts of the city. The Upper City is the site of Old Québec's most significant historical sites, including 17th- and 18th-century chapels, the Citadel and the city ramparts. The Breakneck Stairs or Breakneck Steps (French: Escalier casse-cou ), Quebec City's oldest stairway, were built in 1635. Originally called escalier Champlain "Champlain Stairs", escalier du Quêteux "Beggars' Stairs", or escalier de la Basse-Ville "Lower Town Stairs", they were given their current name in

5247-511: The Act). Under section 24 of the Acquisition of Land Act, the purchaser may purchase the interest of the mortgagee of any land acquired under the Act. To do so, the purchaser must pay the principal sum and interest, together with costs and charges plus 6 months’ additional interest. In Canada, expropriation is governed by federal or provincial statutes. Under these statutory regimes, public authorities have

5346-631: The American colonies with the common law . When it came time to draft the United States Constitution , differing views on eminent domain were voiced. The Fifth Amendment to the Constitution requires that the taking be for a "public use" and mandates payment of "just compensation" to the owner. In federal law, Congress can take private property directly (without recourse to the courts) by passing an Act transferring title of

5445-453: The Arches. 40°44′13″N 74°03′34″W  /  40.7369°N 74.0594°W  / 40.7369; -74.0594 Right of way (transportation) Rights-of-way in the legal sense (the right to pass through or to operate a transportation facility) can be created in a number of different ways. In some cases, a government, transportation company, or conservation non-profit purchases

5544-659: The Chinese form of eminent domain, are constitutionally permitted as necessary for the public interest, and if compensation is provided. The 2019 Amendment of the Land Administration Law of China spells out rather detailed guidelines, guaranteeing farmers and those displaced greater financial security. The Constitution of India originally provided for the Fundamental Right to property under Articles 19 and 31. Article 19 guaranteed to all citizens

5643-632: The Erie and the cancellation of plans to build a new terminal along the Jersey City waterfront. The term "Bergen Arches" originally referred to the massive bridges over the cut, but the two terms have become synonymous. The last trains to the terminal ran in 1957. The line was abandoned that year. The adjacent tunnel (the Long Dock Tunnel ) from the mid-19th century that the Erie Cut replaced

5742-708: The European Court of Human Rights (ECtHR) provides that just compensation has to be paid in cases of expropriation. In France , the Declaration of the Rights of Man and of the Citizen similarly mandates just and preliminary compensation before expropriation; and a déclaration d'utilité publique is commonly required, to demonstrate a public benefit. Notably, in 1945, by decree of General Charles de Gaulle based on untried accusations of collaboration with

5841-579: The Nazi occupier, the Renault company was expropriated from Louis Renault posthumously and nationalised as Régie Nationale des Usines Renault , without compensation. The Basic Law for the Federal Republic of Germany states in its Article 14 (3) that "an expropriation is only allowed for the public good" and just compensation must be made. It also provides for the right to have the amount of

5940-466: The Parliament has power to make laws." This has been construed as meaning that just compensation may not always include monetary or proprietary recompense, rather it is for the court to determine what is just. It may be necessary to imply a need for compensation in the interests of justice, lest the law be invalidated. Property subject to resumption is not restricted to real estate as authority from

6039-609: The Royal Decree n.2359 of 1865. Also other national and regional laws may apply, not always giving full compensation to the owner. Expropriation can be total (the whole property is expropriated) or partial; permanent or temporary. The article 42 of the Italian Constitution and the article 834 of the Italian Civil Code state that any private goods can be expropriated for public utility. Furthermore,

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6138-521: The Territory government to acquire land subject to Native Title, effectively extinguishing the Native Title interest in the land. Kirby J in dissent, along with a number of commentators, viewed this as a missed opportunity to comment on the exceptional nature of powers of resumption exercised in the absence of a public purpose limitation. The term resumption is a reflection of the fact that, as

6237-639: The U.S. may be partially covered by provisions of the federal Uniform Relocation Assistance Act . Since the 1990s, the Zimbabwean government under Robert Mugabe has seized a great deal of land and homes of mainly white farmers in the course of the land reform movement in Zimbabwe . The government argued that such land reform was necessary to redistribute the land to Zimbabweans dispossessed of their lands during colonialism . These farmers were never compensated for this seizure. In China , "requisitions",

6336-758: The […] owner", a restatement of the centuries-old principle of Nec vi, nec clam, nec precario . A court order granting a right of way is personal to the applicant for their lifetime, and cannot be inherited or assigned. In England and Wales , other than in the 12 Inner London boroughs and the City of London , public rights of way are paths on which the public have a legally protected right to pass and re-pass. The law in England and Wales differs from that in Scotland in that rights of way only exist where they are so designated (or are able to be designated if not already) whereas in Scotland any route that meets certain conditions

6435-479: The affected parties have a legal right to use the route that traverses private property to reach a public road or a national highway . This causes delays in many infrastructure projects, and a laborious process at the local government level. Eminent domain Eminent domain , also known as land acquisition , compulsory purchase , resumption , resumption / compulsory acquisition , or expropriation ,

6534-413: The article 2 of the Constitution binds Italian citizens to respect their "mandatory duties of political, economic and social solidarity". The implementation of the eminent domain follows two principles: Nazionalizzazione ("nationalization"), instead, is provided for by article 43 of the Constitution; it transfers to governmental authority and property a whole industrial sector, if it is deemed to be

6633-569: The building of Canada's first transcontinental rail line, the Canadian Pacific Railway , started. It was built by a consortium contracted by the government, and financed by CA$ 25 million in credit and required 25 million acres (100,000 km ) of land. In addition, the government defrayed surveying costs and exempted the railway from property taxes for 20 years. In the United Kingdom , railway companies received

6732-463: The compensation checked by a court. Esproprio – or more formally espropriazione per pubblica utilità ("expropriation for public utility") – in Italy takes place within the frame of civil law , as an expression of the potere ablatorio ( ablative power). The law regulating expropriation is the D.P.R. n.327 of 2001, amended by D.Lgs. n.302 of 2002; it supersedes the old expropriation law,

6831-611: The country's history most recently during the renationalization of YPF . which resulted in the expropriation of 51% of the energy company 's shares. Brazil's expropriation laws are governed by the Presidential Decree No. 3365 of June 21, 1941. Art. 19, No. 24, of the Chilean Constitution says in part, "In no case may anyone be deprived of his property, of the assets affected or any of the essential faculties or powers of ownership, except by virtue of

6930-448: The expropriating authority by bringing a claim before the court or an administrative body appointed by the governing legislation. In Panama, the government must pay a fair amount of money to the owner of the property to be expropriated. Most states use the term eminent domain , but some U.S. states use the term appropriation or expropriation (Louisiana) as synonyms for the exercise of eminent domain powers. The term condemnation

7029-419: The extensive network of towpaths that run alongside the canals in England and Wales. See Towpath#Britain for information on the legal status of towpaths. In Canada rivers are crown land and there is a legal "right to navigate over navigable waters. However, the difficult legal question is what constitutes navigable waters. There is no federal or provincial law defining this, nor is there any list of waters

7128-451: The full ownership of real estate , including everything above and below the ground. Many rights-of-way are created instead by easement , which is a right to cross that does not include full ownership of the land. For example, the original owner may still retain mineral rights under the right-of-way easement, but not the right to exclude people from passing through certain parts of what would otherwise be private land. A government may build

7227-402: The functions of public character. The most common uses of property taken by eminent domain have been for roads, government buildings and public utilities . Many railroads were given the right of eminent domain to obtain land or easements in order to build and connect rail networks. In the mid-20th century, a new application of eminent domain was pioneered, in which the government could take

7326-581: The government appears to have acted unfairly, the action can be challenged in a court of law by citizens. Land acquisition in India is currently governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 , which came into force on 1 January 2014. Until 2013, land acquisition in India was governed by Land Acquisition Act of 1894 . However

7425-667: The lack of publicly accessible rights of way maps in Scotland makes it very difficult to enforce. The unofficial National Catalogue of Rights of Way (CROW), compiled by the Scottish Rights of Way and Access Society (Scotways), in partnership with Scottish Natural Heritage, and the help of local authorities. There are three categories of rights of way in CROW: Northern Ireland has very few public rights of way and access to land in Northern Ireland

7524-575: The land, he granted fiefs to landholders who served as stewards, paying fees and providing military services. During the Hundred Years' War in the 14th century, Edward III used the Crown's right of purveyance for massive expropriations. Chapter 28 of Magna Carta required that immediate cash payment be made for expropriations. As the king's power was broken down in the ensuing centuries, tenants were regarded as holding ownership rights rather than merely possessory rights over their land. In 1427,

7623-493: The limited purpose of providing a certain type of transportation between specified locations. In the Western United States, the transcontinental railroad was funded by government land grants that gave railroads both the physical right-of-way and surrounding land that could be sold after becoming valuable parcels connected to the long-distance transportation network. In new developments, the government may create

7722-842: The mid-19th century, because of their steepness. The stairs have been restored several times, including an 1889 renovation by Charles Baillargé . Rights of way have been created in the US, both by historic use ( prescription ) and by grants made by the national and state governments, local authorities and private landowners. Trails that had been established by indigenous peoples were used by Europeans settling North America. Some became highways, while others have been incorporated recently into hiking trails. Examples include: Natchez Trace ; Santa Fe Trail ; Bozeman Trail . In Seattle , there are over 500 public stairways. Some rights of way in North America are hundreds of years old. In Newfoundland

7821-438: The neighboring property, and if the property is sold it would convey to the new owners. Courts may declare this type of easement exists as a matter of equity to resolve a dispute, if the easement was apparently left out of property deeds despite obvious necessity, if there was an apparent intent to create an easement but this was never formalized, or in some jurisdictions if an undocumented right of way has been in continuous use for

7920-590: The new LARR (amendment) ordinance 31 December 2014 diluted many clauses of the original act. The liberalisation of the economy and the Government's initiative to set up special economic zones have led to many protests by farmers and have opened up a debate on the reinstatement of the fundamental right to private property. In many European nations, the European Convention on Human Rights provides protection from an appropriation of private property by

8019-492: The previous owner's title. The states and territories' powers of resumption on the other hand are not so limited. The section 43(1) of the Lands Acquisition Act 1998 (NT) grants the Minister the power to acquire land 'for any purpose whatever'. The High Court of Australia interpreted this provision literally, relieving the Territory government of any public purpose limitation on the power. This finding permitted

8118-405: The property and transfer it to a private third party for redevelopment. This was initially done only to a property that has been deemed "blighted" or a "development impediment", on the principle that such properties had a negative impact upon surrounding property owners, but was later expanded to allow the taking of any private property when the new third-party owner could develop the property in such

8217-439: The property to some productive use. Property outside of linear corridors, especially if improved with buildings (such as railroad stations and large highway interchanges) is more likely to be fully owned and sold off as real estate. Legal discontinuation or abandonment may trigger public auction or negotiated sale of government-owned land. Some right-of-way easements are created because the only way to access certain parcels from

8316-407: The property's fair market value, considering its highest and best use. But though rarely granted, this is not the exclusive measure of compensation; see Kimball Laundry Co. v. United States (business losses in temporary takings) and United States v. Pewee Coal Co. (operating losses caused by government operations of a mine seized during World War II). In most takings owners are not compensated for

8415-488: The public can use". Under federal law, all natural inland waterways of the United States are classifiable as "navigable" or "non-navigable". Navigable rivers, lakes, ponds, and streams are treated as "public highways", open to surface passage by anyone. The doctrine of navigable servitude gives the federal government primary regulatory power over navigable waters, but users are also subject to state police power . Ownership of non-tidal non-navigable waters goes along with

8514-601: The purview of the "public use" constitutional limitation, although eventually, that taking (of the Oakland Raiders ' NFL franchise) was not permitted because it was deemed to violate the interstate commerce clause of the U.S. Constitution. A taking of property must be accompanied by payment of "just compensation" to the [former] owner. In theory, this is supposed to put the owner in the same position pecuniarily that he would have been in had his property not been taken. But in practice courts have limited compensation to

8613-404: The right to "acquire, hold and dispose of property". Article 31 provided that "No person shall be deprived of his property save by authority of law." It also provided that compensation would be paid to a person whose property had been "taken possession of or acquired" for public purposes. In addition, both the state government as well as the union (federal) government were empowered to enact laws for

8712-651: The right to "resume" land for a right of way, by means of private Acts of Parliament . Resumption means compulsory acquisition of land. The various designations of railroad right of way are as follows: Construction of houses/buildings beside railway right-of-way presents a significant safety risk. For example, the Hanoi Department of Tourism in Vietnam ordered the permanent closure of cafes and shops along Hanoi Train Street for safety reasons despite its being

8811-477: The right to acquire private property for public purposes, so long as the acquisition is approved by the appropriate government body. Once a property is taken, an owner is entitled to "be made whole" by compensation for: the market value of the expropriated property, injurious affection to the remainder of the property (if any), disturbance damages, business loss, and special difficulty relocating. Owners can advance claims for compensation above that initially provided by

8910-571: The rights and freedoms of others. This right is expanded by Article 1 of the First Protocol to the Convention, which states that "Every natural person or legal person is entitled to the peaceful enjoyment of his possessions." Again, this is subject to exceptions where state deprivation of private possessions is in the general or public interest , is in accordance with law, and, in particular, to secure payment of taxes . Settled case-law of

9009-450: The road network in cooperation with the land-owning developer or parcel owners—easement boundaries are defined in writing, and public roads formally "dedicated" as government-maintained. In some jurisdictions, utility companies may by law have a general easement to access certain areas when necessary to construct and maintain their networks. In many cases they must request permission from the owner to expand or perform construction activities on

9108-449: The state. Article 8 of the Convention provides that "Everyone has the right to respect for his private and family life, his home, and his correspondence" and prohibits interference with this right by the state, unless the interference is in accordance with law and necessary in the interests of national security , public safety, economic well-being of the country, prevention of disorder or crime, protection of health or morals, or protection of

9207-568: The subject property directly to the government. In such cases, the property owner seeking compensation must sue the United States for compensation in the U.S. Court of Federal Claims. The legislature may also delegate the power to private entities like public utilities or railroads, and even to individuals. The U.S. Supreme Court has consistently deferred to the right of states to make their own determinations of "public use". In Argentina expropriations are governed by federal law 21.499 of January 17, 1977. It has been used in many locations throughout

9306-521: The subject property in its entirety (total take) or in part (part take), either quantitatively or qualitatively (either partially in fee simple or, commonly, an easement, or any other interest less than the full fee simple title). The term "eminent domain" was taken from the legal treatise De jure belli ac pacis ( On the Law of War and Peace ), written by the Dutch jurist Hugo Grotius in 1625, which used

9405-404: The submerged land, and issues of public access and trespass are treated similarly to private property on land. This may be determined by explicit deed, or implicitly as an extension of ownership of adjacent land, depending on the local ownership history and state law. The right to roam in northern European countries, including Scotland, usually includes rivers and lakes. Freedom of navigation

9504-543: The term dominium eminens ( Latin for "supreme ownership") and described the power as follows: The property of subjects is under the eminent domain of the state, so that the state or those who act for it may use and even alienate and destroy such property, not only in the case of extreme necessity, in which even private persons have a right over the property of others, but for ends of public utility, to which ends those who founded civil society must be supposed to have intended that private ends should give way. But, when this

9603-401: The typical gentle slopes and connectivity of railroad rights-of-way. Some courts will extend the real property boundaries of abutters to the middle of the abandoned right-of-way, even if the right-of-way is outside the boundaries defined in the property deed. Treating the property as if it were an undocumented easement in this way avoids long, narrow strips of unproductive land. This is known as

9702-402: Was added to the constitution to provide, "No person shall be deprived of his property save by authority of law." Thus, if a legislature makes a law depriving a person of his property, it will not be unconstitutional. The aggrieved person shall have no right to move the court under Article 32. Thus, the right to property is no longer a fundamental right, though it is still a constitutional right. If

9801-469: Was eliminated. In spite of contrary statements found in some American law, in the United Kingdom, compulsory purchase valuation cases were tried by juries well into the 20th century, such as Attorney-General v De Keyser's Royal Hotel Ltd (1919). In England and Wales , and other jurisdictions that follow the principles of English law , the related term compulsory purchase is used. The landowner

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