- physically occupying it and preventing others to enter upon it;
- exercising the power of Eminent Domain ; and
- regulating its use to such a degree that no longer has any economically viable use (a Regulatory Taking ).
In the United States , according to the Fifth Amendment Of The Constitution , taking of private Real Property for public use by the government requires Due Process Of Law and just compensation to the owner for the value of the property taken. State Law typically says that the use of takings by eminent domain must be for a legitimate public purpose, although exact wording of laws varies from State to state.
The most significant recent caselaw in this area is Kelo V. City Of New London .
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