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War

Requisition Of Private Property

In times of war, Congress and the president, as commander in chief, have the power to requisition private property necessary for the war effort.

A military commander can seize or requisition a citizen's property for public use or to prevent it from falling into enemy hands. The commander can do this, however, only in situations involving imminent and impending danger or necessity. The services and production of a business organization, such as a shipping company, can properly be requisitioned.

An individual whose private property is requisitioned is entitled to fair compensation. However, the compensation does not have to be paid in advance or at the time the property is seized. When compensation is made, the owner is entitled to receive the reasonable value of the property. The market value of the requisitioned property is generally used as the measure of fair compensation.

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Law Library - American Law and Legal InformationFree Legal Encyclopedia: Vest to Water RightsWar - Executive Military Power, Status And Rights Of Citizens, Enemy Intercourse, Requisition Of Private Property - Martial Rule