law

just compensation

Just compensation is the payment a government must make to a property owner when it takes private property for public use through eminent domain. Under the U.S. Constitution, it is generally measured by the fair market value of the property at the time of the taking. If only part of a parcel is taken, the owner may also be compensated for loss in value to the remaining land.

Exam tip: Link just compensation to eminent domain, not to police power. Zoning and building codes are police power and normally require no payment to owners.
Example: The state condemns a strip of a farm worth $80,000 to widen a highway. The farmer is entitled to about $80,000 as just compensation.

1. The government's power to take private property for public use with just compensation is:

Answer & explanation

Answer: D. Eminent domain (exercised through condemnation) allows taking for public use with just compensation. Escheat applies when an owner dies without a will or heirs.

Related terms & state variants

condemnation eminent domain inverse condemnation market value

Sources

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Last verified: 2026-10-23