Foreword
The Fifth Amendment to the U.S. Constitution grants the government "eminent domain" over all property within the state, but places three important restrictions on that power. In taking private property, the government must exercise "due process of law," acquire the property for "public use," and provide "just compensation" to the owner.The process is usually as follows: When a government entity wishes to acquire privately held land, it first attempts to negotiate the purchase of the property for fair market value. If the owner does not wish to sell, the government files a court action to exercise eminent domain. The government…
