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Condemnation And 'Just Compensation' For Business, Timothy F. Hogan

Theses

Since the beginning of time man has always searched for justification in the acquiring of private property to serve some public need. In this endeavor, three explanations for this justification have evolved. They are 'higher law', 'sovereignty' and 'eminent domain', and each of these explanations has been used to forcefully take land from private individuals.

In the beginning land was taken without compensation, and this was justified by the concept of 'divine rule' and the inherent power of the state. Later in man's development, compensation was a stipend paid to the owner of the land in accordance with the prevailing …