Eminent Domain - Explained
Governement Taking of Real Property
Written by J. Mance Gordon
Updated at April 19th, 2024
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What is Eminent Domain?
Eminent domain is the power granted local, state, and federal governments under the Takings Clause of the 5th Amendment. This clause allows the various levels of government to take away property from private owners under certain conditions. Generally, the taking must be for a public purpose and the government must provide just compensation to the landowner for the taking. A taking refers to a physical seizure of the land as well as unduly burdening an individuals use and enjoyment of her property.
- Note: An owner whose land is being taken may challenge the action in civil court. Generally, the landowner must show that the taking is not for a public purpose or that she was not given just compensation.
- Example: If the state builds a highway that brings traffic into someones front yard, this would likely be a taking. The individuals ability to use and enjoy her property is diminished by proximity of the traffic.
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