American Institute of Certified Planners (AICP) Practice Exam

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When can the government exercise eminent domain?

  1. For the benefit of private developers

  2. Only during a national emergency

  3. For public use or benefit

  4. In cases of blighted property

The correct answer is: For public use or benefit

The government can exercise eminent domain when it is for public use or benefit. This principle is rooted in the Fifth Amendment of the U.S. Constitution, which allows the government to take private property for public use, provided that just compensation is given to the property owner. Public use can encompass a variety of projects such as roads, schools, parks, and other infrastructure that serve the community at large. The emphasis on public benefit is central to legitimizing the use of eminent domain, ensuring that it serves a greater societal purpose rather than merely transferring land from one private entity to another. Other contexts provided, such as the benefit of private developers or only during a national emergency, do not align with the established legal framework that governs eminent domain. Eminent domain is not limited to instances of blighted property; while addressing blight can be a catalyst for its exercise, the broader principle remains that the taking of property must ultimately serve a public interest.