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Glossary entry

German term or phrase:

formelle Enteignung

English translation:

formal or official condemnation

Added to glossary by Ann C Sherwin
Jul 28, 2004 15:09
19 yrs ago
3 viewers *
German term

formelle Enteignung

German to English Law/Patents Law (general)
From an appeal to the Swiss Federal Court:
Die ... trotz formeller Enteignung verweigerte materielle Entschädigung für die Grundstücke ... sei dem Beschwerdeführer nunmehr ohne weitere Rechtsverzögerung zu bezahlen.

What is the correct U.S. English term? I understand this refers to expropriation or eminent domain, but how should "formelle" be expressed? formal expropriation?
Proposed translations (English)
4 +3 formal or official condemnation
3 +1 formal expropriation
4 formal expropriation
4 official expropriation
3 compulsory purchase of land (BE & AE?)

Discussion

Dr. Fred Thomson Jul 28, 2004:
taken, depriving owner of all use, but that the restrictions placed upon the land were such as to constructively (in effect) deprive the owner of some use. The amount of compensation will be based upon the value of the use that was taken from the owner.
Dr. Fred Thomson Jul 28, 2004:
Yes, Ann, such a taking is still called condemnation. One may refer to its as a "constructive condemnation" or a "de facto condemnation." Generally the term most used in the US is "constructive condemnation." it means that the land was not completely
Non-ProZ.com Jul 28, 2004:
More new information Correction: If "admassiert" (see query about this term) means "added to the bankruptcy estate," then appellant did finally lose his land. The bankruptcy was later revoked, but apparently he was not compensated for the loss after the revocation. Sorry for the confusion. I appreciate everyone's help.
Non-ProZ.com Jul 28, 2004:
New information I have since found on the Web an English translation (albeit British, and I need U.S. English) of a European Court of Human Rights judgment relevant to this case. From this document I learned that the appellant's land was not actually taken for government use. It was merely rezoned to allow for nearby airport expansion, and as a result the appellant cannot develop the land the way he would like because of noise pollution. He is seeking compensation for this loss of value. Is "condemnation" still the appropriate word here? The English document I found refers to "alleged de facto expropriation (materielle Expropriation)." But the client specifically asked for U.S. English.

Proposed translations

+3
2 mins
Selected

formal or official condemnation

This would be the US version

--------------------------------------------------
Note added at 5 mins (2004-07-28 15:14:26 GMT)
--------------------------------------------------

Entschaedigung bei Enteignung means compensationfor condemned property or condemenation award.

Enteignung apparently is translated in the UK as expropriation.

--------------------------------------------------
Note added at 12 mins (2004-07-28 15:21:05 GMT)
--------------------------------------------------

Ann, we do not ordinarily use expropriation in this context in the US, except in Louisiana. The term does mean \"a taking as in eminent domain,\" but the term of art that is generally used is \"condemnation.\"
Condemnation is \"the process of taking private property for public use through the power of eminent domain.\" Just compensation must be paid to the owner for such a taking.
Peer comment(s):
agree Derek Gill Franßen : Yes, in the US. // That is what she asked... (I didn't really catch it before I agreed).
7 mins
Right, and it appears that is what Ann is asking for.
agree writeaway
56 mins
Thank you.
agree desiderata (X) : better IMO than expropriation. See also http://www.ownerscounsel.com/
3 hrs
Thank you, Philip.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks very much — also for your helpful answer to my follow-up question."
+1
3 mins

formal expropriation

Declined
Should be ok :-)
Peer comment(s):
agree Derek Gill Franßen
6 mins
Something went wrong...
Comment: "I chose a term more common in U.S. but thank you!"
3 mins

formal expropriation

Declined
I think so.

--------------------------------------------------
Note added at 4 mins (2004-07-28 15:13:44 GMT)
--------------------------------------------------

http://www.cerrejoncoal.com/social/Tabaco.html

--------------------------------------------------
Note added at 5 mins (2004-07-28 15:14:14 GMT)
--------------------------------------------------

http://www.expropriationlaw.ca/news/news0054.asp

--------------------------------------------------
Note added at 6 mins (2004-07-28 15:15:09 GMT)
--------------------------------------------------

http://www.ecb.gov.bc.ca/decision/0691025.htm

And many many more links concerning formal expropriation.
Something went wrong...
Comment: "I chose a term more common in U.S. but thank you!"
19 mins

official expropriation

Declined
take it or leave it from a Swiss
Something went wrong...
Comment: "I chose a term more common in U.S. but thank you!"
2 hrs

compulsory purchase of land (BE & AE?)

Declined
'Planning and Compulsory Purchase Act 2004 2004 Chapter 5. © Crown Copyright 2004. ... Planning and Compulsory Purchase Act 2004 2004 Chapter 5. CONTENTS. PART 1. ...'
Reference:

www.uk-legislation.hmso.gov.uk/ acts/acts2004/20040005.htm

Something went wrong...
Comment: "I chose a term more common in U.S. but thank you!"
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