Is The Power of Eminent Domain Legal?

Eminent Domain has been equated with a government’s ability to wage war and levy taxes-it is a governmental practice that feels unfair because the private citizenry seems to suffer the most. Although it may seem inherently wrong that the government can simply take a private citizen’s property, the right of eminent domain is legal and used every day within the United States.

Our own United States Supreme Court has even stated that the right of eminent domain “requires no constitutional recognition; it is an attribute of sovereignty.”  see Boom Co. v. Patterson, 98 U.S. 403, 406 (1879); see also State v. Core Banks Club Properties, Inc., 167 S.E. 2d 385, 275 N.C. 328 (1969). Indeed, neither the Federal nor North Carolina Constitutions mention that the power of eminent domain has been entrusted to the government. It was always assumed to exist for both the Federal Government and the state government of North Carolina from the inception of both entities to be an inherent power.

The question as to whether eminent domain is legal really rests in the concept of sovereignty. William Blackstone, one of the most beloved legal commentators in western history, simply defined sovereignty as “the power to make laws.” Furthermore, property rights, in the form of laws as we know them today, are given by the government-they are not inherent as some might think. Therefore, it stands to reason that if the government has the power to create, it has the power to abolish. That is why the Constitution of the United States, and the Constitutions of various States, modify the power of eminent domain in order to curb the government’s ability to simply take property.

The Constitution of the United States modifies the power of eminent domain by requiring that the government meet certain requirements before they can simply take someone’s property. The Fifth Amendment, for example, requires that the “taking” of the property be for a “public use” and that “just compensation” be given in exchange for the taking. The founding fathers created a trade-off. The government can take a private citizen’s property, but they must first meet certain criteria before they can simply take the property.

Our firm focuses on three practice areas: Disability, Personal Injury, and Eminent Domain. Every practice area has attorneys who have expertise in their respective area of practice. 

Chad Brown is a North Carolina Board Certified Social Security disability law specialist. Mr. Brown helps Social Security disability claimants at all stages of the disability process. He also works with people that have Long Term Disability denials and with people that are injured by drugs and defective medical products.

Your Questions Answered

What Does Eminent Domain Mean?

Eminent domain is an inherent right of a government to take private property and use it for public use. This right is deemed to be inherent because governments are typically sovereign over all the land within their borders. Therefore, given the superior dominion that...

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How Can Eminent Domain Be Used?

            Typically, the government or a public utility will attempt to use eminent domain in order to complete a project. The authority that seeks to use eminent domain activates its right to eminent domain...

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How Does the Eminent Domain Process Work?

The process for exercising eminent domain will vary depending on who the condemning authority is. For example, in North Carolina, the process for a private entity condemning property is different from the standards and procedures that the North Carolina Department of...

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