DefineLaw

What is eminent domain?

Eminent domain is the government’s power to take private property for public use, with compensation.

Why it matters

It lets roads, schools, and utilities be built, but owners are entitled to fair payment.

Common confusion

“Public use” now includes economic development in many places, which is contested.

DefineLaw editors — plain-English definitions for general reference; not a substitute for advice from a licensed attorney.

Frequently Asked Questions

Must the government pay?

Yes — the U.S. Constitution requires just compensation, usually fair market value.

Can I refuse?

You can challenge the taking or the price, but the power itself is lawful.

What counts as public use?

Roads, schools, utilities, and in many states, projects that serve the public economy.

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