Legal Definitions - Declaration of Taking Act

The Declaration of Taking Act is a federal law that governs the government's ability to take private property for public use under eminent domain. This law requires that fair compensation be paid to the property owner.

For example, if the government needs to build a new highway and the only way to do so is to take a portion of a private property owner's land, they must follow the procedures outlined in the Declaration of Taking Act. This includes providing the property owner with notice of the taking and offering fair compensation for the land.

Another example could be if the government needs to build a new school and the only available land is owned by a private individual. The government would need to follow the procedures outlined in the Declaration of Taking Act to acquire the land and provide fair compensation to the property owner.