Eminent Domain

Eminent Domain is the inherent power of the government, or its authorized agents, to take private property for public use, even if the owner does not wish to sell. This power is typically exercised by federal, state, or local governments, as well as by some private entities authorized to serve public interests (e.g., utility companies). Crucially, the Fifth Amendment to the U.S. Constitution, and similar provisions in state laws, mandates that "just compensation" must be paid to the property owner for the taken land.