GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||
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17:39 Aug 31, 2013 |
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English language (monolingual) [PRO] Law/Patents - Law (general) / General | |||||
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| Selected response from: Łukasz Gos-Furmankiewicz Poland Local time: 00:40 | ||||
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SUMMARY OF ALL EXPLANATIONS PROVIDED | ||||
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5 | any sale proposed as an alternative to formally using the eminent domain power |
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any sale proposed as an alternative to formally using the eminent domain power Explanation: In older parlance, condemnation is not necessarily a criminal conviction. It can also mean loss in a civil suit, or forfeit. Here, 'condemnation' is used to mean forfeit. 'Eminent domain' is a type of expropriation based on the doctrine that the public authority is the ultimate landlord who can in some cases take land away from its lawful owners. 'In lieu of' means literally 'in the place of', or basically 'instead of'. 'Lieu' is French for 'place'. -------------------------------------------------- Note added at 16 mins (2013-08-31 17:55:36 GMT) -------------------------------------------------- Eminent domain: http://en.wikipedia.org/wiki/Eminent_domain In lieu of: http://idioms.thefreedictionary.com/in lieu of Condemnation: http://legal-dictionary.thefreedictionary.com/condemnation -------------------------------------------------- Note added at 20 mins (2013-08-31 17:59:26 GMT) -------------------------------------------------- And, to answer your question beyond doubt: The hypothetical 'proposed sale' is regarded as a kind of condemnation because the seller would still have his hand forced. The contract of sale would basically be a form of settlement mitigating the severity of formally resorting to the eminent domain power. Basically an easier, gentler, face-saving kind of solution. Please note that condemnation (such as through eminent domain) still requires compensation anyway. A negotiated contract of sale would simply be softer on the proprietor, colloquially speaking. |
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