Which power allows the government to seize private property for public use with just compensation?

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 legal power that enables the government to take private property for public use, provided that the owner is compensated fairly. This doctrine is grounded in the Fifth Amendment of the U.S. Constitution, which ensures that private property cannot be taken without just compensation. The principle behind eminent domain is that the government can acquire land for purposes that benefit the public, such as building roads, schools, or parks.

In contrast, police power pertains to the government's authority to regulate behavior and enforce laws for the health, safety, and general welfare of the public, but it does not involve taking property without compensation. Right of way typically refers to the legal right to pass through property owned by another, often related to transportation. Prior appropriation is a concept primarily related to water rights, where water resources can be claimed for use, usually in the context of agricultural or industrial purposes, and does not relate to the seizure of land for public use. Thus, eminent domain specifically outlines the government's ability and responsibility to compensate property owners when their property is taken for public projects, making it the correct choice.

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