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Eminent Domain Law

Eminent domain is defined as the power and capacity of the government to take control over private property of an individual without his or her consent. Under the laws of eminent domain, the government can only seize private property if the land is to be re-purposed for public use only. Federal, state, and local governments have the ability to acquire people’s homes as long as the owner of the property is compensated at fair market value.

Eminent domain laws are created by the federal and state legislatures. Courts have the power to judicially review the acquisition of land. However, if there are no arbitrary and unreasonable decisions, courts cannot interfere in the decisions of the legislature. Legislatures can also delegate the power of eminent domain to agencies for public purposes.