Basics
Who actually holds the power
More entities than most owners expect, and several of them are private companies exercising a power the legislature handed them.
Categories
The holders of the power
Federal agencies
Departments and agencies acquiring land for federal projects: highways, flood control, military installations, parks and federal buildings.
States and state agencies
Most commonly departments of transportation, which account for a very large share of all takings in the United States.
Counties and municipalities
Roads, drainage, water and sewer, parks, schools, public buildings and, where state law allows, redevelopment.
Utilities
Electricity, gas, water and telecommunications providers, usually subject to regulatory approval of the project first.
Pipelines
Interstate natural gas pipelines under federal certification, and intrastate pipelines where state law grants the power.
Special districts and authorities
School districts, transit authorities, port and airport authorities, flood and conservation districts, redevelopment agencies.
Delegation
Private companies with a public power
Owners are often surprised that a private corporation can compel the sale of their land. It happens because a legislature has concluded that the service the company provides is a public one, and has delegated the power so the company can assemble the corridor it needs.
The delegation is not unconditional. A utility or pipeline usually has to obtain a certificate or approval from a regulator first, establishing that the project is needed. That approval process, rather than the condemnation itself, is often the only point at which the project can be challenged, and by the time an owner receives a letter it is normally complete.
What remains open to the owner is the same thing that is open against a state agency: the amount, the extent of the easement and the terms of the document that will burden the land permanently.
Questions about authority
How do I check that this entity actually has the power
The notice should identify the statutory authority relied on. It can be verified against the statute, and a condemnation lawyer in your state will do it quickly. Entities occasionally overreach, particularly smaller districts and private holders.
Can a homeowners association or a neighbour condemn my land
No. Eminent domain belongs to government and to entities the legislature has given it to. A neighbour seeking access across your land is seeking an easement by a different route entirely, usually necessity or prescription.
Does a federal project follow different rules from a state one
Partly. Federal and federally assisted acquisitions follow the Uniform Relocation Act and generally the Yellow Book appraisal standards. Procedure in court differs too. It is worth asking early whether federal money is in the project.
Not sure what to do next
Most owners are reacting to a document they did not expect. Working through it in order is easier than it looks.