eminent domain

Eminent Domain: What Is It?

Eminent Domain: What Is It?

“Eminent domain” is the power of a federal or state government to take private property for a public use. The 5th Amendment to the U.S. Constitution and Article 1, Section 21 of the Indiana Constitution require that when the federal or state government exercises their power of eminent domain to take part or all of a property owner’s property, the government is required to pay the property owner what is known as “total just compensation.”