Eminent Domain

Eminent Domain is the government's constitutional right to take your land, even if you don't want to sell it.1. The Power vs. The ProcessEminent Domain is the Power. It is the right the government has to take the land.Condemnation is the Process. It is the actual legal lawsuit used to exercise that power.2. The Rules (The 5th Amendment)The government cannot just take your backyard for a barbecue party. They must meet two strict criteria:Public Use: The land must be used for the public good (e.g., building a highway, a school, or a railroad).Just Compensation: They must pay you a fair market price for the property.Note: If you refuse their offer, they will sue you (Condemnation), and a judge/jury will decide the price. You still lose the land, but you might get more money.