Which government right allows for the taking of property for public use with compensation?

Eminent domain is the government’s power to take private property for public use, provided that the property owner is compensated fairly. This right is rooted in the Fifth Amendment of the U.S. Constitution, which ensures that private property cannot be taken for public use without just compensation. This principle allows governments to acquire land for public projects such as roads, schools, or parks, balancing the needs of the community with the rights of individuals.

The essence of eminent domain lies in its requirement for compensation; landowners must be paid a fair market value for their property. This protects citizens from government abuses, ensuring they are not deprived of their property without appropriate compensation.

The other options represent different legal concepts regarding property rights but do not involve taking property for public use with compensation. Taxation involves the government levying fees on property but does not require compensation. Police power allows the government to regulate behavior and enforce order, often affecting property use but without compensating the owner. Escheat refers to the process by which the state reclaims property when there are no heirs or claimants, rather than taking property for public use. This distinction clarifies the unique role of eminent domain in real property law.