law
eminent domain
Eminent domain is the government's power to take private property for public use, even if the owner does not want to sell, as long as it pays just compensation, usually fair market value. The power can be used by federal, state, and local governments and sometimes by utilities. The legal process used to exercise eminent domain is called condemnation.
- Exam tip
- Eminent domain is the power; condemnation is the process. The two required elements are public use and just compensation, which distinguish it from police power, which pays no compensation.
- Example
- The state needs a strip of a homeowner's lot to widen a highway and pays her $35,000, the appraised value, through condemnation proceedings.
Related terms & state variants
Sources
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Last verified: 2026-10-23