National Real Estate Practice Exam

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What legal right allows the government to condemn and take property?

Property Taxation
Eminent Domain
Involuntary Lien
Adverse Possession

The correct answer is: Eminent Domain

Eminent domain is the legal right that enables the government to take private property for public use, provided that the property owner is compensated fairly. This power is rooted in the Fifth Amendment of the U.S. Constitution, which states that private property cannot be taken for public use without just compensation. The government must demonstrate that the intended use of the property serves the public interest, such as for building infrastructure, schools, or parks. The other options do not relate to the government's ability to condemn property. Property taxation involves the collection of taxes based on property value but does not involve taking ownership of the property. An involuntary lien is a legal claim against a property due to unpaid debts, but it does not grant the government the right to take the property outright. Adverse possession refers to a process by which someone may claim ownership of land after possessing it for a certain period, but again, it does not involve government action to take property. Therefore, eminent domain is the correct and relevant legal concept.