When the government takes private property under its power of eminent domain, what is it required to do?

When the government exercises its power of eminent domain, it is constitutionally required to provide "just compensation" to the property owner. Typically, this compensation is determined based on the appraised fair market value of the property at the time of the taking. The purpose of this requirement is to balance the government's need for land to serve the public interest with the property rights of individual citizens.

This principle is grounded in the Fifth Amendment of the U.S. Constitution, which states that private property shall not be taken for public use without just compensation. The fair market value reflects what a willing buyer would pay to a willing seller in a competitive market, ensuring the landowner receives a fair amount that reflects the true value of their property before it is taken for public use.

Although providing relocation assistance is a consideration in some cases, it is not a requirement that applies universally to all eminent domain actions. Similarly, the government is not obligated to develop the property itself or to engage in negotiations to acquire it at a lower cost. These aspects may arise during the process but fall outside the core constitutional requirement for just compensation based on fair market value.