Real Estate Law · Haute Lawyer Network
What Is Eminent Domain?
Last reviewed: June 2026
Eminent domain — also called condemnation — is the government's power to take private property for public use, provided it pays the owner just compensation — generally defined as the fair market value of the property.
The Fifth Amendment to the U.S. Constitution requires that private property not be taken for public use without just compensation. Eminent domain is used for public infrastructure projects — roads, utilities, schools, public buildings, and similar uses.
A controversial expansion called regulatory taking occurs when government regulation so severely restricts the use of property that it is effectively equivalent to a taking and may require compensation even without physical seizure.
Property owners have the right to challenge both the government's right to take the property and the amount of compensation offered.
Frequently Asked Questions
Can I refuse to sell my property to the government?
You can challenge whether the taking is truly for a valid public use or whether the proper procedures were followed. But if a valid eminent domain proceeding is completed, you cannot ultimately prevent the taking — only negotiate or litigate the compensation.
How is just compensation determined?
Typically by appraisal — one from the government and one you commission. If the parties cannot agree, the amount is determined by a jury.
Should I hire an attorney for an eminent domain case?
Yes. Government agencies have experienced appraisers and attorneys. Landowners who do not have independent representation typically receive lower compensation.
What is inverse condemnation?
A claim brought by a property owner when the government has effectively taken or damaged their property through regulation or physical action without formal condemnation proceedings.
Can a private company take my property through eminent domain?
In limited circumstances, private companies — utilities, pipelines, railroads — that are granted the power of eminent domain by state law can take private property, subject to the same just compensation requirements.
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