Eminent domain law governs the power of federal, state, and local governments to take private property for public use. The Fifth Amendment to the U.S. Constitution requires that when the government exercises this power, it must pay the property owner "just compensation" — typically interpreted as fair market value. Most state constitutions contain parallel protections.
This area of law arises in a wide range of situations: highway and transit expansions, utility corridors, schools, parks, flood-control projects, and urban redevelopment. A government agency initiates a "condemnation" proceeding, and the central disputes usually involve whether the proposed use qualifies as a legitimate public purpose and whether the compensation offered truly reflects what a willing buyer would pay on the open market. Property owners may also challenge whether the taking is limited to what is actually necessary for the project.
The rules governing eminent domain — including how compensation is calculated, what procedural rights owners have, and what counts as a qualifying public use — vary significantly from state to state and have shifted over time in response to court decisions and legislation. Landowners facing a condemnation action should consult an attorney familiar with the law in their jurisdiction.
