Question

Describe Eminent Domain. Give an example of a government entity using Eminent Domain. Answer in 4-5 sentences.

Answer 1

Eminent Domain allows federal, state, county or city governments in each state to take ownership of private property for it to be used for general public use.

The Federal Eminent Domain power was first seen in the late 1800s in the United States. It was a case in 1876, Kohl v. United States when the owner of a piece of land in Cincinnati, Ohio tried to fight the government over the taking of his land.

Eminent Domain is the power of the government, which take a private property and convert it into for public use. The Fifth Amendment provides that, the government can only execute this power if they provide just compensation to the property owners.

Eminent Domain doesn't give the government the right to, for an example, buy the grandma's house in order to build a members-only spa for the Senate.

Examples of a general public purpose are to build a dam, a highway or a national park. Eminent Domain can also be used for economic development in a community.

The Eminent Domain process, may be stopped if the proposed taking does not meet the requirements for public necessity or public purpose. If these tests are met, the government cannot be stopped from taking the property, but the government cannot dictate the price it will pay, either.