Can the federal government take my property through eminent domain?

What the Law Says

The federal government’s power to take private property is rooted in the Fifth Amendment and implemented through statutes like 40 U.S.C. § 3111, which governs federal property acquisition procedures.

The U.S. Constitution’s Fifth Amendment states that private property cannot be taken for public use without 'just compensation.' This is the foundation of federal eminent domain authority.

While the Fifth Amendment sets the constitutional floor, Congress has enacted statutes to regulate how federal agencies acquire property. One such law is 40 U.S.C. § 3111, which requires federal agencies to obtain approval of title sufficiency before acquiring real property.

This statute ensures that the government confirms clear, marketable title — and that any acquisition complies with legal requirements — before taking ownership.

Statutory Text

The Administrator of General Services shall approve the sufficiency of title to real property prior to acquisition by the United States.

— 40 U.S. Code § 3111 — Approval of sufficiency of title prior to acquisition

What to Do

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