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Simple English definitions for legal terms
eminent domain
Read a random definition: infra annos nubiles
A quick definition of eminent domain:
Eminent domain is when the government takes someone's private property and uses it for public use. This can be a physical seizure or a restriction on how the property can be used. The government must provide just compensation to the property owner, which is usually determined by the property's fair market value. The government can only take property if it is for a public purpose, which is broadly interpreted to include increasing the general public welfare. There are different types of takings, including regulatory takings, which can be hard to classify. If a regulation infringes on private property ownership to such an extent that it can be considered a taking, the government must provide just compensation. The appropriate remedy for a taking is usually compensatory damages.A more thorough explanation:
Eminent domain is a power given to the government to take private property and use it for public purposes. This can be done through actual seizure of the property or by restricting the owner's use of the property to the point of it being considered a taking. The Fifth Amendment of the United States Constitution requires the government to provide just compensation to the property owner if they exercise this power.
- If the government needs to build a new highway and the only way to do so is by taking a portion of a private property, they can use eminent domain to acquire that land.
- If a city wants to build a new park and needs to acquire several private properties to do so, they can use eminent domain to take those properties.
These examples illustrate how eminent domain can be used to take private property for public use. In both cases, the government is required to provide just compensation to the property owners.
The Fifth Amendment requires the government to provide just compensation to property owners if they use eminent domain to take their property. This compensation is typically determined by an appraisal of the property's fair market value. However, sentimental or other values held by the owner are not considered in calculating compensation. The government must provide compensation even if the taking is in the form of a regulatory taking, which occurs when the government restricts a person's use of their property to the point of it being considered a taking.
The government can only use eminent domain if it is for public use. Courts broadly interpret this to mean that the taking must increase the general public welfare. However, the Kelo v. City of New London decision significantly broadened the government's takings power by allowing a taking for private development that would further economic development. This caused controversy and many states passed laws to restrict the government's takings abilities.
If the government takes private property through eminent domain, the appropriate remedy is compensatory damages, meaning just compensation. However, a regulation adopted under the police power to protect the public health, safety, or welfare is not a taking, even if it reduces the value of the property.