Eminent Domain refers to the right one government has to seize private property for public use, with compensation at fair market value. However, in order for the government to follow through on eminent domain, it must be ascertained that the acquisitioned property will be used for public works, such as roads, military installations, or public buildings. |
The Interstate Highway System is one of the most famous examples of eminent domain. A network of freeways which began construction during the 1950s, the government, through the use of eminent domain, purchased over 42,000 miles of private and semi-private property needed for construction.
In the US, Eminent Domain is held by federal, state and local governments and may be granted to others (such as utility companies) empowered to perform public services.
Eminent Domain is performed through condemnation proceedings, where owners and have due process before property is seized.
Eminent Domain offers some difficultly in its implementation. Courts have struggled over questions such as, what forms of regulation constitute Eminent Domain that require condemnation proceeding and due compensation, and what regulations do not require such due process? Also, to what degree do former land owners have to condemned land in misuse by governments?