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Pastor, Church & Law

written by Richard R. Hammar, J.D., LL.M., CPA

Eminent Domain

Volume 2 . Chapter 7 . § 7-11
Key point 7-11. Eminent domain refers to the power of the government to take private property for a public purpose without the owner's consent. A property owner whose property is taken by a governmental exercise of eminent domain is entitled to compensation. Church property is not immune from eminent domain.

1. In General

Eminent domain refers to the power of the government to take private property for a public purpose without the owner's consent. It often is referred to as condemnation. A property owner whose property is taken by a governmental exercise of eminent domain is entitled to compensation. Obviously, attempts to take church property by this process have generated controversy. The relatively few courts that have addressed this issue ...

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