What term describes the process by which eminent domain occurs?

The process by which eminent domain occurs is best described by the term police power. Police power refers to the authority of a government to enact laws and regulations to promote the health, safety, morals, and general welfare of the public. This power enables the government to take private property for public use, provided that the property owner is compensated fairly for their loss.

Eminent domain specifically allows the government to seize private property to fulfill a public need, such as building infrastructure projects (e.g., highways, schools, parks), but this action is grounded in police power. The government’s intent in exercising police power through eminent domain is to benefit the public as a whole.

In contrast, building code enforcement pertains to the regulations ensuring the safety and standards of construction, zoning laws involve land use classifications and controls on property development, and land use regulations encompass a variety of laws that dictate how land can be used. None of these terms encapsulate the specific governmental authority and mechanisms involved in the process of taking private property for public use, which is the core principle of eminent domain as highlighted under police power.