Eminent domain is the power that the government has to take private property from a property owner. This generally has to be done in a way that will benefit the public. For example, if the government is building a governmental facility, a military installation or an interstate highway system, they may take private property in order for the construction to continue. These projects are seen to benefit the country as a whole.
People sometimes wonder when eminent domain began, as if it were a brand-new power that was given to the government. And it does find its roots in the Fifth Amendment to the U.S. Constitution. The Constitution states that “nor shall private property be taken for public use, without just compensation.” This is often seen as the basis for eminent domain powers in the United States, although the actual activity is much older.
Providing just compensation
But if you look at the quote from the Fifth Amendment, what it really does is establish the need for the government to pay the property owner just compensation for their land.
In other words, the government had already taken private property from property owners in the past. This was something that these property owners would have been concerned about, and the government had the power to do so. The change under the Fifth Amendment was not to introduce that power, but to introduce the clause stating that just compensation was required. The government has to make a property owner whole by paying them fair market value for their land, rather than just taking it outright.
As such, the key to modern eminent domain is to ensure that the government provides this just compensation. When conflicts arise, those involved must understand all their legal options.