Eminent domain

The government's power to take private property for public use, paying fair market value. Comes up with roads, utilities, and sometimes redevelopment.

Legal & title issues · Updated September 2026

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Part 1 of 4

Why a seller cares

A road widening or a utility corridor can take part of a property, with payment at market value. A pending taking is a material fact, and a completed one shows up in the title record.

Part 2 of 4

A simple example

The county is widening the road in front of your home and has notified you it will take a ten-foot strip of the front yard.

Eminent domain: a simple example
The stageWhat it means for a sale
A notice of intent to takeA material fact to disclose; buyers price the smaller lot
The taking completed and paidA recorded document and a new front line
A rumor with nothing filedSomething to check with the county before listing

Eminent domain is public, paid, and disclosed. What it costs is the lot's new shape.

Part 3 of 4

What people get wrong

That the government can take property without paying. Payment at fair market value is the whole rule.

Part 4 of 4 · where to read next

Where it appears in the sale

What a definition is, and what it isn't

Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.

Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish

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