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October 2016 Archives

Eminent domain has been around for decades

Eminent domain has been considered a right of governments in the United States for decades -- even centuries. One writer in 1879 noted that it doesn't require constitutional recognition and that any government -- from federal to local -- might be able to use it to seize land under certain circumstances. Eminent domain is restricted somewhat by the Fifth Amendment to the Constitution, though.

A developer can be held accountable for some soil damage

You might think that if soil movement caused damage to your home or building that you are out of luck with reparations. How could anyone be liable for the movement of the earth? The truth is, though, that developers can sometimes be held responsible for damage to your building if they allowed the building to be placed on soil that later moved or shifted.

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