What is a “Public Purpose” for Eminent Domain Matters?
In order to take private property under the powers of eminent domain, the government must show that it would be used for a public purpose. Generally, the government is given a lot of leeway on what constitutes a public purpose. Likewise, courts are usually unwilling to question the purpose that the government has put forward as the reason for taking your land. Just Compensation in Eminent Domain Matters Under the constitution, the government cannot take your land, or a part of it, without just compensation. “Just compensation” means that the government must pay you for the land that they take from you and used for a public purpose. Pro Tanto Award Usually, after the government has determined that they will take your land via eminent domain, the government will appraise your property. They will then send you a notice with a pro tanto award. A pro tanto award is an offer on your property based on the appraisal. Most people accept the pro tanto award, but you don’t have to. Consult a real
