What term refers to the government's power to take private land for public use?

Prepare for the Texas Real Estate Appraisal Exam. Test your knowledge with flashcards and multiple choice questions, all with hints and explanations. Pass with confidence!

The correct answer is eminent domain, which is the term used to describe the government's power to take private land for public use. This legal principle allows the state to acquire private property when it is deemed necessary for a public project, such as building roads, schools, or other infrastructure that benefits the general public.

Eminent domain is governed by laws that generally require the government to provide just compensation to the property owner based on the fair market value of the taken land, ensuring that property owners are not unfairly deprived of their assets without due process. This concept is rooted in the Fifth Amendment of the U.S. Constitution, which states that private property shall not be taken for public use without just compensation.

The other terms mentioned refer to different legal concepts. Escheat pertains to the process by which a government takes control of property when an owner dies without a will or any heirs. An estate refers to the degree, quantity, nature, and extent of ownership rights in real property. Executory relates to contracts that are not yet completed, rather than any type of property transfer or governmental intervention. Understanding these distinctions clarifies why eminent domain is the appropriate term for the situation described.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy