Eminent domain refers to the power by which a state can take possession of private property for public use. Under the Fifth Amendment of the United States Constitution, the property owner is entitled to reasonable compensation based on fair market value (Larson 2004). Most often, the proceedings to take possession of the land are referred to as 'condemnation' proceedings. Typically this power is exercised for the purpose of running utility lines and such, however in recent years, states and cities have exercised this power for the purpose of allowing commercial properties and upscale neighborhoods to be built on the land (Larson 2004).
             Although law and legal procedures vary, generally when a local government desires to acquire private land, the following steps are followed: 1) the government attempts to negotiate the purchase for fair value; 2) if the owner refuses to sell, the government files a court action to exercise eminent domain; 3) at the hearing, the government must show that it has attempted negotiations in good faith and that taking the property is for public use; 4) if the government is successful, proceedings are held to establish the fair market value; 5) if the government is not successful or the owner is not satisfied, with side may appeal the decision (Larson 2004).
             There are several types of "takings" that can occur through the power of eminent domain. A complete taking is one in which all of the property is appropriated; a partial taking is one in which a piece of the property is acquired to expand a road (Larson 2004). Temporary taking is one in which part or all of the property is taken for a limited period of time; the owner retains title and is compensated for any losses associated with the taking and regains possession at the conclusion of the taking (Larson 2004). Eminent domain action can be taken to obtain an easements and right of way, in which case the property owner reta...