Texas Crammer Practice Exam

What is the term for the city's taking of land with compensation?

1. Eminent domain

2. Condemnation

3. Expropriation

4. Right of way

The correct answer is: Condemnation

The correct term for a city's taking of land with compensation is referred to as "eminent domain." This legal principle allows government entities to acquire private property for public use, provided that just compensation is offered to the property owner. This process is grounded in the Fifth Amendment of the U.S. Constitution, which states that private property shall not be taken for public use without just compensation. Condemnation, while closely related, specifically refers to the legal process through which the government exercises its power of eminent domain. It is the formal action taken to acquire the property, often involving a court proceeding if an agreement on price is not reached. Expropriation is a term that can also refer to the taking of private property by the government, particularly in the context of foreign governments or in international law, but it is not specifically the term used in the context of U.S. law. The right of way refers to the legal right to pass through property owned by another, typically associated with transportation infrastructure, but does not directly relate to the taking of land with compensation. Understanding these definitions clarifies why the term "eminent domain" is the most accurate term for the taking of land with compensation by a city.