What constitutes a public use of eminent domain?

In Maryland, a public use of eminent domain is when the government takes private land from an owner for public use such as roads, public transportation, parks, and buildings for public use. The property must be taken for a public purpose and the public must benefit from the taking. The government can not take a person’s land for a private use such as a private business. The state of Maryland outlines six criteria for public use that must be met in order for the government to take private land. The first is that it must be for a public purpose, meaning the result of the taking should provide a benefit to the community at large. The second is that public ownership of the land is necessary to meet the public purpose for which the land is being taken. The third is that the taking should be done in a way that minimizes the interference of a private property owner’s rights. The fourth criterion is that the taking of property should be done with just compensation, meaning long term and short term economic losses should be compensated for. The fifth is that the taking must be done in a manner that is consistent with the public interest. Finally, the last criterion is that the taking should be done with the least amount of destruction of natural or built property. The state of Maryland has established these criteria in order to ensure private property is taken only when necessary and for the public’s benefit. This allows individuals to keep their property rights and ensures the government is being fair and just in its taking.

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What constitutes a public use of eminent domain?

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