The Public Use Requirement for Eminent Domain

How can the government take your land by force? Well they have to compensate you for it at fair market value…and it has to be for a public use. Let’s explain…

What constitutes “public use” for eminent domain?

Traditionally, eminent domain projects have included new road construction and widening, the installation of utilities, and the construction of schools, police and fire stations, libraries, hospitals, and prisons. However, the government has sometimes taken land for redevelopment and defined that as “public use.”

Blighted and Re-zoned Land

Land that has been blighted, or land that has been rezoned, had been turned into commercial development in order to raise the community’s tax base, and those projects have been defined as public use for eminent domain.