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

Eminent domain is the legal concept that empowers the government to acquire private property for public use, provided that the owner is compensated fairly. This principle is rooted in the Fifth Amendment of the United States Constitution, which states that private property shall not be taken for public use without just compensation.

The justification for eminent domain lies in the government's responsibility to serve the public interest. Often, this involves projects such as roads, schools, parks, or other infrastructures that benefit society at large. The process typically requires the government to assess the property’s value and offer a just compensation to the owner, reflecting its fair market value.

Understanding eminent domain is crucial because it balances private property rights with the needs of the community, ensuring that the government can fulfill its role in promoting public welfare while respecting individual property rights. This concept distinguishes itself clearly from other terms like property rights, which refer more broadly to the legal guidelines surrounding ownership and use of property, public domain, which involves property owned by the public rather than private individuals, and private ownership, which simply indicates possession of property by private individuals without governmental claims.