POWER OF EMINENT DOMAIN

Sometimes referred to as "expropriation", is the inherent power of the State to appropriate private property for public use upon the payment of just compensation.

Eminent domain

The property must be taken only for a legitimate public purpose, such as buildings roads, schools, hospitals, parks, airports, or other public infrastructure.

Public use

The property owner must receive just compensation, which is the fair market value of the property at the time it is taken.

Just compensation

The government must follow the legal procedures established by law.

Due process of law

The exercise of eminent domain must comply wit the Constitution and applicable laws.

Constitutional and legal restrictions

The taking must be necessary for the fulfillment of a legitimate public purpose.

Necessity

The government cannot take more property than is necessary for the public use.

Proportionality