The constitutional and statutory provisions require federal, state, and local governments and subdivisions of government to pay an owner for property taken for public use at the time the property is taken. Eminent domain was created to authorize the government or the condemning authority, called the condemnor, to conduct a compulsory sale of property for the common welfare, such as health or safety. Just compensation is required to ease the financial burden incurred by the property owner for the benefit of the public. These elements have been interpreted broadly. The first element requires that the property taken be private.
Private property includes land as well as fixtures, leases, options, stocks, and other items.
The rifle that was used to kill President John F. Kennedy was considered private property in an eminent domain proceeding. Taking The second element refers to the taking of physical property, or a portion thereof, as well as the taking of property by reducing its value. Property value may be reduced because of noise, accessibility problems, or other agents. Dirt, timber, or rock appropriated from an individual's land for the construction of a highway is taken property for which the owner is entitled to compensation. In general, compensation must be paid when a restriction on the use of property is so extensive that it is tantamount to confiscation of the property.