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"Eminent Domain" refers to the inherent right of a government to take private property for a public use. "Condemnation" is the legal process used for such a taking. While the government has this vast power, the Fifth Amendment of the U.S. Constitution and Article I, Section 17 of the Texas Constitution guarantee that a property owner will receive just compensation for the taking. If the government and property owner cannot agree on that compensation then, ultimately, they are entitled to have a jury determine it based on the law. |