Which governmental level is granted the power of eminent domain?

Which governmental level is granted the power of eminent domain?

• A. Only federal government
• B. Only state government
• C. Both state and federal government
• D. Local government only

Answer: (C)

Eminent domain refers to the power of a government to take private property for public use, provided that the government pays just compensation to the property owner. This power is rooted in both the federal and state constitutions, making it available at multiple levels of government. The Fifth Amendment of the United States Constitution specifically addresses eminent domain, establishing that private property cannot be taken for public use without just compensation. This federal provision authorizes both state and federal governments to exercise this power. Additionally, most state constitutions include similar provisions or affirm the power of eminent domain, allowing state and local governments to carry out projects such as building roads, schools, and other public facilities. This means that local governments can also exercise eminent domain under the authority granted by state law. In summary, both the federal and state governments have the authority to enact eminent domain, making this option the correct answer.

Eminent domain refers to the power of a government to take private property for public use, provided that the government pays just compensation to the property owner. This power is rooted in both the federal and state constitutions, making it available at multiple levels of government.

The Fifth Amendment of the United States Constitution specifically addresses eminent domain, establishing that private property cannot be taken for public use without just compensation. This federal provision authorizes both state and federal governments to exercise this power.

Additionally, most state constitutions include similar provisions or affirm the power of eminent domain, allowing state and local governments to carry out projects such as building roads, schools, and other public facilities. This means that local governments can also exercise eminent domain under the authority granted by state law.

In summary, both the federal and state governments have the authority to enact eminent domain, making this option the correct answer.