What is the right of the government to take private property for public use called?

Study for the Louisiana Title Insurance Exam. Engage with flashcards and multiple choice questions. Hints and explanations guide your way. Prepare confidently for your certification!

The correct answer, eminent domain, refers to the legal principle that allows the government to take private property for public use, provided that just compensation is given to the owner. This power is rooted in the Fifth Amendment of the U.S. Constitution, which states that private property cannot be taken for public use without just compensation. Eminent domain is often exercised for projects that will benefit the public, such as building roads, schools, parks, or other infrastructure.

The other choices are related to property but have different meanings. Condemnation is the legal process through which the government enforces its right of eminent domain and formally "takes" private property. Expropriation is a term often used interchangeably with eminent domain but typically involves the government taking property more in the context of legislation or administrative action, primarily in foreign countries. A property lien, meanwhile, refers to a legal claim or right against assets that are typically used as collateral to satisfy a debt, rather than anything related to the government's ability to take private property.

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