EMINENT DOMAIN What is it?

Eminent domain refers to the power possessed by the state over all property within the state, specifically its power to appropriate property for a public use.

In some jurisdictions, the state delegates eminent-domain power to certain public and private companies, typically utilities, such that they can bring eminent domain actions to run telephone, power, water or gas lines.

In most countries, including the United States under the Fifth Amendment to the Constitution, the owner of any appropriated land is entitled to reasonable compensation, usually defined as the fair market value of the property.

Proceedings to take land under eminent domain are typically referred to as “condemnation” proceedings.

Source: ExpertLaw.com Aaron Larson