Eminent Domain is the right of the government (federal and state) to take private property for a necessary public use, with just compensation paid to the owner. To take property voluntarily from an owner, the government must do three things:

1. The property owner must be paid compensation for the property.
2. The property must be for the public good or use.
3. The owner must have due process in the courts system.

For example, through eminent domain, the state may acquire land for streets, parks, public buildings, public rights-of-way, and similar uses. No private property is exempt from this exercise of government power.

Condemnation is the process by which property is acquired through Eminent Domain. This takes place when the owner and the government cannot negotiate a satisfactory voluntary acquisition of the property. This is called a "Taking." Condemnation proceedings may be instituted by all government levels or by public utilities or railroads.