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The power to take private property for public use by a state, municipality, or private person or corporation authorized toexercise functions of public character, following the payment of just compensation to the owner of that property.
Federal, state, and local governments may take private property through their power of eminent domain or may regulate it by exercising their Police Power.
The Fifth Amendment to the US Constitution requires the government to provide just compensation to the owner of the private property to be taken. A variety of proper rights are subject to eminent domain, such as air, water and land rights. The government takes private property through condemnation proceedings. Throughout those proceedings, the property owner has the right to Due Process.
Eminent domain is a challenging area for the courts, which have struggled with the question whether the regulation of property, rather than its acquisition, is a taking requiring just compensation. In addition, private property owners have begun to initiate actions against the government in a kind of proceeding called inverse condemnation.
Private companies don't use eminent domain. It is why TransCanada has to apply for a permit from the federal government, specifically the State Department because it would have crossed national borders.
If a person doesn't understand eminent domain to be a government function, that is really elemental stuff. Government 101.
