What legal principle allows the government to take private land for public use with compensation to the owner?

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The principle that permits the government to take private land for public use, provided that the landowner is compensated, is known as eminent domain. This legal concept is rooted in the Fifth Amendment of the U.S. Constitution, which states that private property shall not be taken for public use without just compensation.

Eminent domain is fundamental in establishing the balance between the needs of the public and the rights of private property owners. It allows the government to acquire land for various purposes, such as building roads, schools, or infrastructure projects that benefit the community as a whole. The requirement for compensation ensures that property owners are fairly reimbursed for their loss, reflecting the value of their property.

The other concepts mentioned do not relate to the government's ability to take private property for public use. Equitable title refers to a right to obtain full ownership of a property, while encumbrance and encroachment involve issues pertaining to property rights and physical boundaries, respectively, rather than the government's authority to expropriate land.

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