Under the U.S. Constitution’s Takings Clause, Article V, Section 5, the federal government has the power of “eminent domain,” which is the legal power to seize private property so long as it is for public use and is justly compensated.
Eminent domain can be enacted even without the owner’s consent.
If a local government has a law or policy prohibiting such use, federal law can automatically override and invalidate the local law under the Constitution’s Supreme Law Clause—Article VI, Section 2.
Local governments, however, are protected by the 10th Amendment’s Anti-Commandeering Doctrine, which prevents the federal government from forcing local governments to uphold a federal law or carry out a federal program.
Local governments, therefore, cannot be compelled to finance or build infrastructure expansions, such as expanded medical facilities or high-capacity sewer mains, to support a federal facility such as a detention center.
This fact brief is responsive to conversations such as this one.
Fact briefs are bite-sized, well-sourced explanations that offer clear "yes" or "no" answers to questions, confusions, and unsupported claims circulating online. They rely on publicly available data and documents, often from the original source. Fact briefs are written and published by newsrooms in the Gigafact network.
