Certified Pennsylvania Evaluator Practice Exam

Which of the following limitations allows government to take private land for public use?

1. Police Power

2. Eminent Domain

3. Taxation

4. Escheat

The correct answer is: Eminent Domain

Eminent domain is the legal principle that allows the government to take private property for public use, provided that just compensation is given to the property owner. This power is derived from the Fifth Amendment of the U.S. Constitution, which ensures that individuals cannot be deprived of their property without due process of law and compensation. The government might exercise this authority for various public purposes, such as building highways, schools, or parks, reflecting its responsibility to promote the welfare of the community. In contrast, police power refers to the government's ability to regulate behavior and enforce order within its territory, often regarding zoning and land use, but it does not enable the government to take private land outright. Taxation is related to the government's ability to levy taxes on property, but again, it does not involve taking property for public use. Lastly, escheat is a legal concept that pertains to the process by which the state claims ownership of property when an individual dies without heirs, and it does not relate to the acquisition of private land for public projects.