Eminent Domain

Eminent Domain Basics:

• History of Eminent Domain - Describes the history, process, and reasoning behind “eminent domain”, or the taking of private property for public use.
• Government Process for Taking Property - Explains how the government comes up with a fair compensation to the property owner when it takes over private land for public purposes.

Elements of the Eminent Domain Process:

• What is a "Taking" - Explains the meaning of “taking”, which can take the form of a partial, constructive, or temporary holding of property (such as in time of warfare.)
• Eminent Domain Property That Can Be Taken - Explains the kind of property that may be taken under eminent domain, including both tangible and intangible property (such as franchises and contracts).
• The"Public Use" Requirement - Explains the element required for an eminent domain action to stand.
• The "Justification or Necessity" Requirement - Discusses the element of “justification” or “necessity”.