New York State Real Estate Salesperson Licensing Exam

What term describes the taking of private property by the government for public use?

1. Condemnation

2. Adverse possession

3. Eminent Domain

4. Foreclosure

The correct answer is: Eminent Domain

The term that describes the taking of private property by the government for public use is eminent domain. This legal principle allows government entities to acquire private land, provided they offer just compensation to the property owner. The fundamental rationale for eminent domain is to facilitate public works and projects that benefit society as a whole, such as building roads, schools, or parks. While condemnation is related to the process of exercising eminent domain, it specifically refers to the legal action taken to seize the property. Adverse possession refers to a situation where someone can gain legal title to another's property by occupying it for a certain period under specific conditions, and foreclosure refers to the process by which a lender takes control of a property due to the owner's failure to repay a mortgage. Therefore, eminent domain is the most accurate term describing the government's power to take private property for public use.