Eminent Domain
The constitutional power of federal, state, and local governments to take private property for public use, provided the owner receives just compensation as required by the Fifth Amendment.
What Is Eminent Domain?
Eminent domain is the inherent governmental power to take private property for public use without the owner's consent. The Fifth Amendment Takings Clause limits this power, requiring that takings be for a public use and that the property owner receive just compensation. State constitutions impose parallel limits. The process of taking property through eminent domain is called condemnation.
Typical Public Uses
- Roads, highways, and bridges - Public schools, libraries, and government buildings - Utility easements for power, water, sewer, and broadband - Parks, conservation land, and historic preservation - Urban renewal and economic development (controversial since Kelo v. City of New London, 545 U.S. 469 (2005))
The Condemnation Process and Just Compensation
The taking authority typically begins with an appraisal and good-faith negotiation. If the owner rejects the offer, the authority files a condemnation petition in court. The owner can challenge whether the taking serves a public use, whether the procedure complies with law, and the amount of compensation. Just compensation is generally the fair market value of the property taken, plus severance damages if a partial taking diminishes the value of the remaining parcel. Regulatory takings — where government regulation deprives the owner of substantially all economically viable use — may also trigger compensation under the Penn Central or Lucas tests.