Who has the power of eminent domain?

In Nebraska, the power of eminent domain is held by the government (federal, state, and local). This power allows the government to take ownership of private property for public use. The right of the government to take private property for public use is based on a concept called “public use.” This concept is rooted in the Fifth Amendment of the US Constitution, which says that “private property [cannot] be taken for public use, without just compensation.” In Nebraska, both federal and state law recognize the right of the government to use eminent domain to take ownership of private property for a public use. At the federal level, the power of eminent domain is granted by the US Constitution and is known as the “Takings Clause.” The Takings Clause requires that if the government wants to take private property, it must compensate the owner for the taking. At the state level, Nebraska statutes provide that the state may take private property for public use, but must compensate the owner for the taking. In addition, the state must determine that the taking is necessary and will benefit the public. In Nebraska, the power of eminent domain is viewed as an inherent state power, meaning that it is not specifically granted by state statutes. Therefore, in Nebraska, the government—federal, state, and local—holds the power of eminent domain. This power allows the government to take private property for public use, but the government must pay just compensation to the owner for the taking.

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Who has the power of eminent domain?

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