Mississippi Affidavit regarding Eminent Domain
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How to fill out Mississippi Affidavit Regarding Eminent Domain?
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FAQ
The eminent domain power is subjected to certain constitutional limits such as: The property acquired must be taken for a public use; The state must pay just compensation in exchange for the property; No person must be deprived of his/her property without due process of law.
However, the Fifth Amendment to the United States Constitution places an important limitation on the power of eminent domain. The Fifth Amendment says, in part: 2026 nor shall private property be taken for public use, without just compensation. This part of the Fifth Amendment is known as the takings clause.
Property taken by eminent domain may be for government use or by delegation to third parties, who will devote it to public or civic use or, in some cases, to economic development. The most common uses are for government buildings and other facilities, public utilities, highways and railroads.
Eminent domain refers to the power of the government to take private property and convert it into public use. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.
Assuming you decline, the government will file an action in court to seize your property through eminent domain. Then, the court schedules an Order of Taking. This is a court hearing in which the government argues that it attempted to purchase your land for a fair price and is justified in seizing it for public use.
In most cases, it is not possible to refuse an eminent domain action. The power of eminent domain is a legal right of the government.However, you can oppose the government's requests if they are not acting justly, and can refuse their compensation offers to ensure you receive a fair sum.
The condemnation of your properties for the erection of a business and technology park whose owners are private parties does not serve the public good and are therefore an abuse of the eminent domain authority.
