MemotivaReal Estate Exam: Land Use Controls, Zoning, Eminent Domain, Police Power

What is eminent domain and what is just compensation?

Real Estate Exam: Land Use Controls, Zoning, Eminent Domain, Police Power

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Eminent domain is the government's constitutional power to take private property for public use, provided the owner receives just compensation. The Fifth Amendment to the Constitution requires this compensation, which is typically the fair market value of the property at the time of taking. The government must demonstrate a legitimate public purpose such as building roads, schools, utilities, or other infrastructure. The process, called condemnation, begins with the government filing a legal action and offering compensation.
law.cornell.edu