Which of the following terms refers to the legal authority to seize private property for public use?

Prepare for the Georgia Real Estate Pre-Licensing Test with comprehensive flashcards and multiple choice questions, complete with hints and explanations. Set yourself up for success!

Eminent domain is the term that describes the legal authority of the government to take private property for public use, provided that the property owner is compensated fairly. This power is grounded in the Fifth Amendment of the U.S. Constitution, which states that private property cannot be taken for public use without just compensation. This authority is commonly exercised for purposes such as building roads, schools, and other public infrastructure.

Condemnation is often related to eminent domain, as it refers to the legal process through which the government enforces the taking of the property, but it is not the term that defines the authority itself. Escheat pertains to the reversion of property to the state when an owner dies without a will and without heirs, while foreclosure is the process by which a lender takes possession of a property when the borrower fails to meet the loan obligations. Understanding these distinctions is important in interpreting property law and the different mechanisms available for property rights and government actions.

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