Eminent Domain

Published Mar 22, 2023

Definition of Eminent Domain

Eminent domain is the power of the United States government to take private property for public use. This power is derived from the Fifth Amendment of the US Constitution, which requires the government to provide fair compensation for the taken property. Eminent domain is used in situations where the government needs to build new highways, public infrastructure, or other public projects. This practice is also commonplace in many different countries, although often under different names.

Example

To illustrate eminent domain in practice, let’s look at an example. Let’s say that the government wants to build a new highway through a city to relieve traffic congestion. However, there is a piece of land along the proposed highway route that is owned by a local business owner who does not want to sell the property. In this case, the government has the option to use eminent domain to take the property for public use. The business owner is entitled to compensation for their property, but they cannot refuse the sale.

Why Eminent Domain Matters

Eminent domain is an important tool that allows the government to carry out necessary public projects. However, it is also a controversial power that affects the property rights of individuals. Critics argue that it gives the government too much power and that property owners should have more rights in the process. Therefore, it is important for governments to use this power judiciously and to ensure that fair compensation is provided to property owners who are impacted by this practice