Certified Residential Appraiser Practice Exam

What legal principle allows the government to take private property for public use?

1. Easement

2. Condemnation

3. Eminent domain

4. Escheat

The correct answer is: Eminent domain

The legal principle that allows the government to take private property for public use is eminent domain. This principle is rooted in the Fifth Amendment of the U.S. Constitution, which stipulates that private property shall not be taken for public use without just compensation. Eminent domain is a critical tool for the government to carry out projects that serve the public interest, such as building highways, schools, or parks. Easements, while related to property rights, refer to the legal right to use another's land for a specified purpose, not the taking of land itself. Condemnation is the process through which the government exercises its power of eminent domain, but it does not encompass the legal principle itself. Escheat is a different concept that pertains to property reverting to state ownership when the owner dies without heirs or a will. Understanding the specific context and definitions of these terms helps clarify why eminent domain is the correct answer for this question.