Eminent Domain

Welcome to the Eminent Domain section of FindLaw's Real Estate Center. Eminent domain is the power of the government to take private land for public use under certain circumstances. For example, the government may sometimes take someone's house in order to make room for a new highway or a bridge. In these instances, the homeowners are often entitled to compensation for their loss, and the government must first follow several different procedures before it can take property. This section provides information about the government's power of eminent domain, limitations on that power, and your rights under the law.

Learn About Eminent Domain

How the Government Takes Property
Under eminent domain law, the federal government has the right to obtain private land for public purposes. Learn about how the government takes private property, the valuation methods used, and more.
Eminent Domain: Public Use Requirement
When a government takes private property under eminent domain it must be for “public use.” This article explains the type of uses that qualify as public, common reasons for an eminent domain action, and more.
Eminent Domain: Property to be Taken
An overview of the types of property that are typically the subject of eminent domain actions, including property that is deemed at risk, land that has been dedicated for a specific purpose, and more.

Challenging Eminent Domain
If your property has become the subject of an eminent domain action you have the right to notice and a fair hearing before the award is made final. This section explains the notice and hearing procedures involved.
Can the Government Seize My Property Without Paying Me?
While homeowners have highly protective rights with respect to their property, there are certain circumstances in which government can take a homeowner’s property without payments, including forced sales and seizures.
The Taking of Property for Public Use
A look at the history and development of eminent domain law in the U.S. Learn about the extent of the government’s eminent domain power, the “Takings Clause” of the Fifth Amendment, “just” compensation, and more.

Eminent Domain Articles