Texas Surveyors Practice Exam

What does the power of eminent domain allow?

1. Citizens to take private property for personal use

2. Government entities to acquire property for public use

3. Private organizations to expropriate land

4. Non-profits to take property without compensation

The correct answer is: Government entities to acquire property for public use

The power of eminent domain allows government entities to acquire private property for public use, typically with the requirement of just compensation for the property owner. This legal principle is rooted in the Fifth Amendment of the U.S. Constitution, which stipulates that private property may not be taken for public use without just compensation. This power is often exercised for projects deemed beneficial to the public, such as the construction of roads, schools, or other infrastructure. The government must demonstrate that the taking of the property serves a legitimate public purpose and must also provide compensation that reflects the property's fair market value. In contrast, citizens cannot legally take private property for personal use, nor can private organizations or non-profits expropriate land without following the proper legal procedures associated with eminent domain. These restrictions ensure that property rights are upheld and that the process of acquiring land for public use is transparent and fair.