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Eminent domain is the right of government, under English and American law, to take private property for public use, such as building a courthouse or completing a highway.  The basis for eminent domain is the assertion by the sovereign of power over all land in its jurisdiction.   

'''Eminent domain''' is the right of government, under [[English]] and [[American]] law, to take private property for public use, such as building a courthouse or completing a highway.  The basis for eminent domain is the assertion by the sovereign of power over all land in its jurisdiction.   

Under the [[Fifth Amendment]] of the [[United States Constitution|U.S. Constitution]], the government must pay "just compensation" to the owner of the private property that is taken.  However, "just compensation" usually does not include intangible values of the property, such as its business good will with customers or its personal sentimental value.  Often "just compensation" is set by a condemnation hearing that does not even give fair market value.

Under the [[Fifth Amendment]] of the [[United States Constitution|U.S. Constitution]], the government must pay "just compensation" to the owner of the private property that is taken.  However, "just compensation" usually does not include intangible values of the property, such as its business good will with customers or its personal sentimental value.  Often "just compensation" is set by a condemnation hearing that does not even give fair market value.