Defined term
Eminent domain
Eminent domain is the government's constitutional power to take private property for public use, conditioned on payment of just compensation.
The Fifth Amendment's Takings Clause permits the government to take private property for public use, but requires "just compensation." Both federal and state governments hold the power; state and local governments often delegate it to public utilities, road authorities, and redevelopment agencies.
Procedure runs through condemnation proceedings: the government files a petition, deposits an initial offer with the court, and the owner's just-compensation claim is adjudicated separately. Both Alabama (Ala. Code Title 18) and Florida (Fla. Stat. ch. 73) have detailed condemnation statutes. The owner's strategic question is rarely whether the taking occurs — it's how much compensation is owed.
Cases
- Kelo v. City of New London (2005), 545 U.S. 469
Statutes
- U.S. Const. amend. V
- Ala. Code Title 18
- Fla. Stat. ch. 73