What right does the government have under eminent domain?

The government has the right under eminent domain to take private property for public use, provided that it pays the fair market value for that property. This principle is grounded in the Fifth Amendment of the U.S. Constitution, which states that private property cannot be taken for public use without just compensation. The rationale behind eminent domain is that it allows the government to acquire land necessary for infrastructure projects, such as highways, schools, or parks, which ultimately serve the public good.

This process ensures that property owners are compensated fairly for their loss, reflecting the market value of their property at the time of the taking. By requiring compensation, the law aims to balance the needs of the community and the rights of individual property owners, preventing arbitrary or unfair actions by the government regarding private property.