Eminent Domain

Eminent domain is the power of the government to take private property for public use, with just compensation to the owner.

• Based on government authority
• Property must be taken for public use
• Owner must receive just compensation
• Considered a government land-use control

• Roads and highways
• Schools
• Utilities
• Public facilities
• Redevelopment projects

• Usually based on fair market value
• Determined at the time of the taking
• May include damages to remaining property

• Eminent Domain
  • Government takes ownership
  • Owner is compensated

• Police Power
  • Regulates use
  • No compensation required

• Property reverts to the state when an owner dies without heirs

• Eminent domain involves a taking
• Compensation is required
• Distinguished from zoning and police power