Eminent Domain

The power of the state to take private property for public use upon payment of just compensation. The right of a governmental entity or other agency authorized by law to take private property for public use upon the payment or just compensation. The legal proceeding by which the government exercises this right is called “condemnation proceedings”. The right of the government to do this, and the right of the private citizen to get paid, are set out in the Fifth Amendment to the United States Constitution.

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