Fundamentals of Surveying (FS) Practice Exam

What does the U.S. Constitution require before the power of eminent domain can be exercised?

1. The owner must be guaranteed adequate compensation for the property

2. The improvement must be for a public use

3. The owner may not be deprived of property without due process of law

4. All of the above

The correct answer is: The owner may not be deprived of property without due process of law

The U.S. Constitution, specifically the Fifth Amendment, establishes that no person shall be "deprived of life, liberty, or property, without due process of law." This means that before the government can exercise the power of eminent domain—essentially taking private property for public use—it must provide fair legal procedures and ensure that just compensation is offered to the property owner. Although adequate compensation and public use are also important aspects of eminent domain, the requirement of due process is foundational. It ensures that property owners have the right to challenge the taking of their property through proper legal channels, making it a critical element of the process. The other options involve components that are certainly part of eminent domain considerations, but due process is the fundamental requirement that ensures the rights of property owners are upheld during this process, thus making it the most essential aspect in the context of the question.