The right to take private property in the United States is found in both the Fifth Amendment to the United States Constitution and also in the Constitution of the State of Arizona. The theory is that for government to work properly it needs the ability to acquire property. If property cannot be acquired through negotiation in the same way any private purchaser would buy land, then the government can condemn it. This is an exercise of the power of eminent domain through legal proceedings.
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January 2016
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