In this case, "the government must prove that it tried to negotiate the sale and that the takeover is for public use. If the government wins, an appraiser establishes fair market value and the property owner is paid and evicted," (Bryant n.d.). In cases like KELO et al. v. CITY of NEW LONDON et al., the property owner refused to sell and the matter went to court. In most cases, the government succeeds in expropriating the land but is still required to offer market value compensation for the seizure.

Leung (2004) notes that eminent domain is easily abused. "Cities across the country have been using eminent domain to force people off their land, so private developers can build more expensive homes and offices that will pay more in property taxes than the buildings they're replacing," (Leung 2004). The law has even allowed for private organizations to invoke eminent domain: "the...
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