What is eminent domain?

What is eminent domain?

by Alex
(Chattanooga, TN)

Can you tell me what is eminent domain when it comes to the government being able to take someone's property?

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What is eminent domain?

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Oct 15, 2010
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What is Eminent Domain?
by: The Minuteman

Hello Alex! Eminent domain refers to the government's ability to take private property away from someone for public use, such as for a highway or a public school. The 5th Amendment to the US Constitution lays out the government's ability to use eminent domain. When this amendment was created, the First Congress was spelling out three things about eminent domain:

1. It wanted to clarify that the government did have the right at times to take privately owned property for public use.
2. It wanted to clarify that private property could be taken by the government only for public use, and not for any other reason.
3. It wanted to point out that the government is required to compensate people if it takes their property for public use.

You can learn a lot more about the Eminent Domain Clause here.

You can also learn about several of the most important Eminent Domain Cases here.

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