What is eminent domain? Would the County ever use eminent domain to acquire property?

Eminent domain refers to the power of the government to take private property and convert it into public use, following the payment of just compensation. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.  Private property is taken through condemnation proceedings, in which owners can challenge the legality of the seizure and settle the matter of fair market value used for compensation. The most straightforward examples of condemnation involve land and buildings seized to make way for a public project.

The County and the Redevelopment Commission are both granted the right to use condemnation through State law to further public projects.  The County has used condemnation in the past to acquire land for roadway, infrastructure, and drainage projects.


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1. What is the County's role in economic development?
2. How does the County interact with economic development organizations (South Bend Regional Chamber, South Bend Elkhart Regional Partnership, Indiana Economic Development Corporation)
3. How does the County interact with other local government economic development entities (City of South Bend, City of Mishawaka, Towns)
4. What is Tax Increment Financing (TIF)?
5. What is an Economic Development Area? How does this relate to TIF?
6. What is a tax abatement/tax phase in?
7. How do I apply for a tax abatement?
8. What is eminent domain? Would the County ever use eminent domain to acquire property?