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Real estate glossaryNational exam concept

Eminent domain

Eminent domain is the government's power to take private property for a public use upon payment of just compensation.

Exam area: Land Use Controls and Regulations

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What does “eminent domain” mean in real estate?

Eminent domain is the government's power to take private property for a public use upon payment of just compensation. Condemnation is the legal process used to exercise that power.

How is “eminent domain” different from the closest wrong answer?

Eminent domain is the power. Condemnation is the proceeding. Police power regulates property without taking title in the ordinary case.

What is the Georgia-specific rule?

Georgia and federal constitutional protections require public use and just compensation. Exam questions usually test the vocabulary distinction rather than litigation procedure.

Worked exam example

Scenario

A county acquires part of a parcel for a public road and pays the owner the constitutionally required value through a taking proceeding.

What is the most common exam trap?

Trap correction

Do not call the process eminent domain when the question asks for the court procedure, and do not confuse a taking with zoning regulation.

Original exam check

Apply the definition

The Georgia Department of Transportation needs a strip of a farm to widen a highway. The owner will not sell, so the agency files a court case to take the strip and set just compensation. Which pairing is correct?

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Related terms to learn next

Police power

Police power is the government's authority to regulate private property and conduct to protect public health, safety, morals, and general welfare, including zoning, building codes, and environmental regulation.

Escheat

Escheat is the state's acquisition of property when an owner dies without a valid will and no lawful heirs can be found.

Zoning variance

A zoning variance is official permission to depart from a specific zoning requirement when the applicant satisfies the ordinance's legal standard, commonly involving a property-specific hardship rather than personal convenience.

Nonconforming use

A nonconforming use is a land use that lawfully existed before a zoning change but no longer conforms to the current ordinance and is allowed to continue subject to local rules.

Recommended next complete lesson

Continue with Land Use Controls and Regulations complete lesson. It places this term inside the full rule, worked examples, exam traps, and mixed practice required for mastery.
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