What are the constitutional bases of eminent-domain power?
Although the U.S. Constitution’s text does not explicitly grant eminent-domain powers to the federal government, the U.S. Supreme Court has explained that “[t]he power of eminent domain is essential to a sovereign government.” United States v. Carmack, 329 U.S. 230, 236 (1946). The Court in Carmack noted that eminent domain must be “received as a postulate of the constitution” in order to invest the U.S. government with “full and complete power to execute and carry out its purposes.” The Fifth Amendment to the U.S. Constitution provides further support for the federal government’s eminent-domain power, but also places important limitations and protections on the use of that power. The Fifth Amendment states, “nor shall private property be taken for public use, without just compensation.” According to the U.S. Supreme Court in Carmack, the amendment’s text “is a tacit recognition of a preexisting power to take private property for public use, rather than a grant of new power.” The Fifth
