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Constitutional Law • Takings
CONLAW#063
Legal Definition
The federal government may take private property for public use if it provides just compensation.
Plain English Explanation
The federal government can take private property, both land and personal items, if it's for the public's benefit and pays the owner a fair price based on the "fair market rate" of the property. This process is known as "eminent domain."
Hypothetical
Hypo 1: The government needs Sam's land to build a new public library. Result: The government can take Sam's land for the library because it serves a public purpose. Sam must be fairly compensated for his property.
Visual Aids
Related Concepts
Can a property owner challenge pre-existing regulations?
How is just compensation measured?
What is a possessory taking?
What is a regulatory taking?
When are government conditions on development a taking?
When is a temporary denial of use a taking?
When is property considered to have been taken for public use?
