ABA Family Legal Guide

Home Ownership

Property Rights and Restrictions

Government Rights to Property

Can the government force me to sell my property?

Since ancient times, governments have had the right to obtain private property for governmental purposes such as building roads and public buildings. This principle is called eminent domain. In the United States, it's limited by the Bill of Rights, which grants a right to due process of law and fair compensation when the government takes a person's property. Federal and state governments may delegate their condemnation power to municipalities, highway authorities, forest preserve districts, public utilities, and other agencies. A public purpose can include anything from building a new freeway ramp to declaring your soggy back acres a protected wetland.