Real Property
The government's power to take private property for public use, with just compensation paid to the owner.
Eminent domain is one of the four government powers over real estate (along with police power, taxation, and escheat). It allows governments to acquire private property for public purposes — roads, schools, utilities, even without the owner's consent. The Fifth Amendment requires just compensation, typically fair market value. The legal process of exercising eminent domain is called condemnation.
Exam Tip
Eminent domain TAKES property (requires compensation). Police power RESTRICTS use (no compensation). This distinction appears on almost every exam.
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Real Property
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NY Real Estate Real Property
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