{"id":369164,"date":"2016-04-04T10:47:15","date_gmt":"2016-04-04T15:47:15","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/land-use-laws\/eminent-domain.html"},"modified":"2024-08-19T11:50:43","modified_gmt":"2024-08-19T16:50:43","slug":"eminent-domain","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/land-use-laws\/eminent-domain.html","title":{"rendered":"Eminent Domain Law"},"content":{"rendered":"\n
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Eminent Domain Law<\/h1>\n
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\n By Robert Rafii, Esq.<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last reviewed\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

Eminent domain refers to the power of the government to take private land for public use in certain circumstances. There are different types of takings, including regulatory takings and temporary takings.<\/p>\r\n

The government may take someone’s real property to make room for a new highway, public utility, or other public project. They might take property for zoning purposes, economic development, or even a public easement (right of way).<\/p>\r\n

In these instances, homeowners are entitled to compensation for their loss of land use. The compensation must be based on the land\u2019s highest and best use. The government must first follow several different procedures before it can take property, even if it\u2019s a partial taking. This section provides information about the government’s:<\/p>\r\n