Government powers
Eminent domain
The government’s power to take private property for public use, paying just compensation
The power itself, held by government and by certain quasi-public bodies such as utilities. Its two limits are in the constitutional text: the taking must be for a public use, and the owner must receive just compensation.
How the exam asks about it
Tested against police power constantly. Both restrict what an owner may do with land; only eminent domain requires payment, because only eminent domain takes the property.
Related terms
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