EMINENT DOMAIN
The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property.
Federal, state, and local governments may take private property through their power of eminent domain or may regulate it by exercising their POLICE POWER. The FIFTH AMENDMENT to the U.S. Constitution requires the government to provide just compensation to the owner of the private property to be taken. A variety of property rights are subject to eminent domain, such as air, water, and land rights. The govern-
ment takes private property through condemna-
tion proceedings. Throughout these proceedings,
