Texas Surveyors Practice Exam

Where is the implied power of eminent domain primarily derived from?

1. The Tenth Amendment

2. The Fifth Amendment

3. The Fourteenth Amendment

4. The Declaration of Independence

The correct answer is: The Fifth Amendment

The implied power of eminent domain primarily originates from the Fifth Amendment of the United States Constitution. This amendment includes a clause that states, "nor shall private property be taken for public use, without just compensation.” This provision establishes that the government has the authority to take private property for public purposes, provided that the owner is compensated fairly. While the Tenth Amendment relates to states' rights and powers not specifically delegated to the federal government, and the Fourteenth Amendment addresses the rights of citizens and equal protection under the law, neither directly mentions eminent domain. The Declaration of Independence articulates fundamental rights but does not serve as a legal basis for government action regarding property rights. Hence, the Fifth Amendment is instrumental in providing the legal framework for the government’s use of eminent domain.