Eminent domain, in the United States, is the power of a government to take private property for public use. According to law, the government must pay the owner a fair price for the property taken. Federal, state, and most local governments have the power of eminent domain. Governments often use eminent domain to acquire land for such public works as roads, dams, and urban renewal. In some cases, governments give the power of eminent domain to corporations for projects that serve the public or promote economic growth. Such projects may include the construction of railroads, schools, electric power plants, office buildings, and shopping malls. There is no specific law that grants governments the power of eminent domain. In the United States, the federal and state constitutions only require that a fair price be paid for property taken.
A government may take over property that an owner refuses to sell in a process called condemnation. A court typically appoints appraisers to set a fair price for the property or holds a jury trial to determine one (see Appraisal). The owner must give the property to the government in return for the price set by the appraisers or jury. In Canada, the taking of private property for public use is called expropriation.
