Eminent Domain

Eminent domain is the government’s power to take private land for “public use” as long as “just compensation” is provided, as required by the Fifth Amendment’s “takings” clause. States delegate eminent domain authority to cities, quasi-public entities and even certain private companies, but the degree and type of power varies in each state. Some local governments can further delegate eminent domain powers to specific “designees,” such as a development authority.

Indeed, many federal and state eminent domain laws seem to favor or provide explicit regulatory loopholes and exemptions that benefit oil and gas companies.