{"id":369161,"date":"2017-04-25T13:24:16","date_gmt":"2017-04-25T18:24:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/land-use-laws\/eminent-domain-overview.html"},"modified":"2024-05-16T13:19:32","modified_gmt":"2024-05-16T18:19:32","slug":"eminent-domain-overview","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/land-use-laws\/eminent-domain-overview.html","title":{"rendered":"Eminent Domain Overview"},"content":{"rendered":"\n
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Eminent Domain Overview<\/h1>\n
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\n By Robert Rafii, Esq.<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Americans enjoy the right to life, liberty, and property without unreasonable government interference. But, under certain circumstances, the government can take property with or without permission. <\/p>\r\n

This article will discuss eminent domain law<\/a>, which allows the government to take real property from property owners when it serves a public purpose.<\/p>\r\n

What Is Eminent Domain?<\/b><\/h2>\r\n

Eminent domain cases concern the government’s power to take private land for public use<\/a>. The power of eminent domain is from the Takings Clause of the Fifth Amendment to the U.S. Constitution<\/a>. This clause applies to the federal government and states, municipalities, and local governments through the Fourteenth Amendment<\/a> to the Constitution.<\/p>\r\n

The Takings Clause does not allow the government to take any land it wants. But it limits the government’s power in eminent domain proceedings. It requires that a taking can only happen if the land is taken for "public use" and in exchange for "just compensation."<\/p>\r\n

There are different categories of takings:<\/p>\r\n