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Legal Dictionary: Eminent Domain


Eminent domain is the power of government to take private land for public use. This power is limited by the federal Constitution and by state constitutions -- when the government does take private property for public use, it must fairly compensate the owner for the taking. Sometimes the government's use of eminent domain is a straightforward matter, with the government providing the landowner a fair price, and the landowner giving up the property. At other times, however, government and the landowner may disagree over whether a taking has occurred, and how much compensation is due.

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