What Does the Constitution Say About Eminent Domain?

This is a common question that gets asked a lot. Most people presume that the government cannot take a private citizen’s property unless it was stolen or some other wrong had been done. That feels right and fair. However, the idea that the United States government can simply take someone’s property whether they like it or not doesn’t sit well with many people in the United States. Consequently, many think eminent domain is not Constitutional. The courts in the United States have addressed the inherent nature of the government’s right to exercise eminent domain. Also, the United States Constitution does address when eminent domain may be used.
The Fifth Amendment to the United States Constitution states that, “No person shall be held to answer for a capital, or otherwise infamous crime…nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” This is the only mention of eminent domain. However, a reader will notice it doesn’t give the government the power of eminent domain. The power of eminent domain was thought to be an inherent power in the Constitution.
The question remains, however, where do the states get the power of eminent domain? This question is answered in two ways. First, the states are still considered somewhat “sovereign” and therefore also have the inherent right of eminent domain. However, the states are also bound by the Fourteenth Amendment through the Supremacy Clause.
The Fourteenth Amendment requires that a state only condemn property for a public use and that just compensation be given in exchange. These are the same limits placed on the Federal government. The Fourteenth Amendment acts as a safeguard against overreaching by state governments.

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

Can Eminent Domain Take Your House?

The question assumes that eminent domain is a person or entity that can do something. Eminent domain is a tool, not an entity or person. It is analogous to a specific type of wrench that allows a mechanic to perform a specific...

read more

Can Eminent Domain Be Used for Private Use?

Although to some it might seem inherently wrong for the government to take a private citizen’s property and give it to a private entity, that can indeed happen. The United States Supreme Court in Kelo v. New London, a landmark Supreme Court case in 2005, established...

read more

Can Eminent Domain be Stopped?

When challenging an action for eminent domain, the property owner generally has two avenues. The two avenues that can be used to stop or challenge a taking are found in the Fifth Amendment of the United States Constitution. First, the property owner can challenge the...

read more

FREE CONSULTATION