Under the Constitution, eminent domain must be for a “public use” and provide “just compensation” to the property owner. Every government entity in the United States, from local governments to the federal government, has the power of eminent domain. When the government does take private property for a public purpose, it must fairly compensate the owner for the loss. Sometimes, private corporations such as oil and gas companies, railroads or redevelopment authorities may be granted eminent domain power to construct projects providing a … Under Massachusetts eminent domain law, the government and a few other entities have the right to take away private property for the purpose of enhancing public interest or addressing a specific necessity. Most often, the proceedings to take possession of the land are referred to as 'condemnation' proceedings. Eminent domain is a seizure of property by the government. However, the U.S. Constitution structures and limits government power of eminent domain. The Fifth Amendment to the United States Constitution requires the government to only pay the owner of the property that will be seized. For years, the 5th Amendment to the U.S. Constitution and similar provisions in state constitutions greatly restricted this power. The procedure is quite similar to the one that will occur in many other states. Power is quite broadly used and can even be seen as obedience as this shows a deliberate self restraint of citizens that might otherwise resist the government. Under the power of eminent domain, the government can take private property. Eminent domain refers to the power by which a state can take possession of private property for public use. Under American law, the government’s power to seize property is limited, most notably by the U.S. Constitution and state constitutions. It pertains to every government and is not a constitutional recognition but an aspect of government sovereignty. Eminent domain refers to the legal power of a government or a private entity to which government has delegated this power to forcibly take private property from its owners. Eminent Domain – also referred to as “condemnation” – is the power of local, state or federal government agencies to take private property for public use provided the owner is paid just compensation. The Power and Authority of the Government Power can be seen as the capacity of a government to get its citizens to comply with it.
The Government's Power of Eminent Domain. Eminent domain is the power of the government to take private land for public use. The doctrine of eminent domain is the power of the government to take private property and convert it into public use.