Under what condition can a government exercise eminent domain?

The correct answer focuses on the government’s authority to exercise eminent domain primarily for the benefit of public welfare projects. Eminent domain allows a government to take private property for public use, provided that just compensation is given to the property owner. This principle forms part of the Fifth Amendment in the United States, which stipulates that private property cannot be taken for public use without just compensation.

Public welfare projects include the construction of infrastructure such as roads, schools, hospitals, and parks, which serve the greater good of the community and enhance public services or safety. The essence of using eminent domain lies in the notion that the collective benefit derived from these projects outweighs the impact on the individual property owners.

Other options, while they may involve government actions or emergencies, do not align with the foundational purpose of eminent domain. For example, eminent domain cannot be exercised solely for private business expansion, as this does not directly serve the public interest. Additionally, while judicial oversight may be involved in some eminent domain cases, it is not a condition that must be met in every instance. Lastly, using eminent domain during a national emergency is not an established practice; the default remains on public use as the defining criteria for such action.