ABSTRACT

State and local governments have been applying the tools of eminent domain and police power for centuries. This chapter focuses on how city officials may use this administrative authority. It introduces the concepts of authority and power, and discusses the tools of eminent domain and police power. Eminent domain is the legal power city authorities have to take ownership of personal property for the purpose of public improvement. Government officials may use the power of eminent domain to acquire public housing property; however, the procedures differ from those required for the seizure of private property. Excessive condemnation occurs when the governing authority applies the power of eminent domain to take more land than is necessary to achieve the stated public purpose. Police power provides states and local governments the right to place controls on the use of privately owned land without having to take ownership of the property.