What is eminent domain?

Eminent domain is a term used in real estate law that describes the power of the government to take private property for the public good. This power is granted to governments as part of their constitutional authority and is used to ensure that public projects (such as roads, schools, and public infrastructure) can be built. In Florida, eminent domain is governed by Chapter 73 of the Florida Statutes. Under this law, the purpose of the taking must be for a public purpose and the government must provide just compensation to the property owner. The owner must be given notice of the intended taking, and the government must usually obtain approval from the state legislature prior to exercising its power. A court may also be involved to decide how much compensation should be awarded. Ultimately, eminent domain is an important tool for ensuring the government can fulfill its obligation to provide public projects that are needed by the citizens of Florida. Without the power of eminent domain, projects like roads, utilities, and schools may be stalled due to not being able to acquire the necessary land, resulting in delays.

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