Fundamentals of Surveying (FS) Practice Exam

Who must authorize the power to exercise eminent domain?

1. The governor of the state

2. The U.S. Congress

3. The state legislature

4. The state department of highways

The correct answer is: The state legislature

Eminent domain is the power of the government to take private property for public use, provided that fair compensation is given to the property owner. The authority to exercise eminent domain typically lies with state legislatures, as they are responsible for enacting laws that define how this power can be exercised within their jurisdiction. The state legislature establishes the legal framework for eminent domain, including the processes by which it can be invoked, who qualifies as an entity that can use this power (such as local governments or agencies), and the stipulations for compensation. This ensures that there is a clear set of rules and oversight regarding the taking of private property for public benefit. In contrast, while the governor may have certain powers related to public projects and could influence or facilitate eminent domain processes, the ultimate authority for its exercise originates in the legislative branch. Similarly, the U.S. Congress has no direct role in state-level eminent domain unless the property is federal. The state department of highways may use eminent domain for road projects, but it does so under the authority granted by the state legislature, not independently. Thus, the correct answer reflects the fundamental principle that legislative bodies are the key players in the authorization of eminent domain powers.