The power of eminent domain is granted by the Fifth Amendment of the U.S. Constitution and applies to federal, state, and local governments as well as certain quasi-public entities like utilities and railroads. The legal process of exercising eminent domain is called condemnation. The property must be taken for a public purpose such as roads, schools, or parks, and the owner must receive fair market value.
A state highway department needs to widen a road and must acquire a strip of land from several homeowners along the route. Each homeowner receives an appraisal-based payment reflecting fair market value. One homeowner who disagrees with the valuation can challenge it in court.
Eminent domain REQUIRES just compensation — this is what distinguishes it from police power (which does not). Remember: eminent domain = taking WITH payment; police power = regulation WITHOUT payment. The exam frequently tests this distinction.
Related Terms
Related Concepts
Zoning is the government's division of land into districts with specific permitted uses such as residential, commercial, industrial, or agricultural. It is the most common exercise of police power over private property.
A variance is an authorized deviation from the existing zoning ordinance granted to a property owner who demonstrates unique hardship. It allows a use or structure that would otherwise violate the current zoning rules.
A conditional use permit (also called a special use permit) allows a land use that is not automatically permitted by zoning but may be allowed under certain conditions. The use must be compatible with the surrounding area.
A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.
Building codes are government regulations that set minimum standards for construction, materials, design, and safety in buildings. They protect public health and safety by ensuring structures are built to acceptable standards.
Frequently Asked Questions
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