====== Eminent Domain ====== **Eminent domain** is the power of the government to **take private property for public use**, with **just compensation** to the owner. ===== Key Characteristics ===== * Based on **government authority** * Property must be taken for **public use** * Owner must receive **just compensation** * Considered a **government land-use control** ===== Public Use ===== * Roads and highways * Schools * Utilities * Public facilities * Redevelopment projects ===== Just Compensation ===== * Usually based on **fair market value** * Determined at the time of the taking * May include damages to remaining property ===== Eminent Domain vs Police Power ===== * **Eminent Domain** * Government takes ownership * Owner is compensated * **Police Power** * Regulates use * No compensation required ===== Escheat (Related Concept) ===== * Property reverts to the state when an owner dies **without heirs** ===== Exam Tip ===== * Eminent domain involves a **taking** * Compensation is **required** * Distinguished from zoning and police power