Who holds the power of eminent domain?

The power of eminent domain is a legal principle that allows government entities to take private property for public use, provided that they offer just compensation to the property owner. This power is rooted in the necessity of the government to develop infrastructure such as roads, schools, and other public facilities that benefit the community at large.

The government holds this authority at various levels—federal, state, and local. While private companies or homeowners may interact with the property and may even seek to influence decisions regarding property use, the actual legal mechanism of eminent domain is exclusively held by governmental entities. The requirement for just compensation further underscores the government's obligation to respect the rights of property owners even while exercising this power.

This foundational understanding is crucial for anyone studying real estate law, as it highlights the balance between individual property rights and the needs of the public as mandated by governmental authority.