135k views
4 votes
Generally, when the government forces the sale of private land for public use it is governed by due process of law and is accomplished through:

A. Exercise of the police power;
B. Eminent domain;
C. Estate in reversion;
D. Escheat.

User Haawa
by
8.5k points

1 Answer

5 votes

Final answer:

The government's action of forcibly selling private land for public use, in accordance with the law, is known as eminent domain. This is supported by the Fifth Amendment's Takings Clause, which requires just compensation for the property taken. The correct answer to the question is option B, Eminent domain.

Step-by-step explanation:

When the government forces the sale of private land for public use while following due process of law, the action is known as eminent domain. The Fifth Amendment to the United States Constitution protects property rights by stating that private property cannot be taken for public use without just compensation, often referred to as the Takings Clause. Eminent domain is used for acquiring land needed for projects that benefit the public, such as highways, schools, or in some controversial cases, economic development projects.

For example, the Supreme Court's ruling in Kelo v. City of New London (2005) expanded the definition of public use, allowing private property to be taken for economic development plans deemed as beneficial to the community. However, the ruling led to significant backlash and subsequent legal reforms in many states that restricted the use of eminent domain for solely private economic development purposes.

The correct option for the process in which the government can force the sale of private land for public use, following due process, is B. Eminent domain.

User Maeh
by
8.7k points