Governmental entities use eminent domain proceedings to take ownership of private property for public use without the owner's consent. Private utilities and quasi-governmental entities like airports often have eminent domain authority conferred by statute or enabling act.

Eminent domain is commonly used when negotiations for the purchase of property are unsuccessful. For public projects spanning multiple parcels, such as right-of-way widenings and extensions, separately negotiating the purchase of each property is sometimes not feasible due to time, budgetary, or practical constraints. One holdout could sink the entire project.

This Toolkit provides resources on asserting eminent domain authority, including common real estate, construction law, and project finance issues.

For information on inverse condemnation and related civil rights claims arising from land use regulations, see Land Use Litigation Toolkit (Federal).