What is the process of taking private property for public use with just compensation called?

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The process of taking private property for public use with just compensation is called "Eminent Domain." This legal concept allows the government or its agents to acquire private property, typically for infrastructure projects like roads, schools, or parks, while ensuring that the property owner is compensated fairly for the loss of their property.

Eminent domain is grounded in the Fifth Amendment of the U.S. Constitution, which states that private property cannot be taken for public use without just compensation. The term "condemnation" is often used to refer to the legal procedure through which the government exercises its power of eminent domain. While condemnation involves the formal process, eminent domain refers to the overarching authority itself.

The distinction is important: eminent domain encompasses the entire power and legal framework, while condemnation is the mechanism through which that power is executed. Understanding this difference helps clarify the various aspects and terminology related to property rights and government actions.

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