What is eminent domain?

Eminent domain is a power granted to the government to take private property for public use. In California, the power of eminent domain is governed by the California Constitution, which states that a public entity may acquire private property through eminent domain, but only if the property is being acquired for a public use. Examples of public uses include building highways, airports, dams, and public buildings. When government takes private property through eminent domain, the owner is entitled to compensation. The amount of compensation is determined by a number of factors, including the fair market value of the property, the amount of damage caused by the taking, and the amount of economic benefit that the taking provides to the public. While the power of eminent domain is necessary for some public uses, it can be abused when it is exercised by the government for private development, rather than for a public use. Thus, it is important for property owners to understand their rights if the government attempts to take their property through eminent domain.

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