What Does Eminent Domain Mean?

Eminent domain is a term that many people have heard of, but sometimes are not exactly sure what it means. Eminent domain is the power to take private property for the public good. Commonly eminent domain is used for road/highway projects, utility projects, high voltage transmission line projects, gas pipeline projects or many other situations that are for the public good.

While the government or other agency can take property by eminent domain, you have a right to receive just compensation for the property rights taking. The right to receive just compensation for an eminent domain taking is guaranteed by the Fifth Amendment to the U.S. Constitution and also by the Wisconsin Constitution.

There may be a disagreement as to the amount of just compensation. There is a common misconception that if the power of eminent domain is used, then your land can be taken and you get nothing. This is not true. You have a constitutional right to receive just compensation. Even if you do not agree with the amount of compensation and the power of eminent domain is used, you still receive money for the when you lose your property.