Who must authorize the power to exercise eminent domain?

The authority to exercise eminent domain is typically granted by the state legislature, which enacts laws that define the parameters and procedures for taking private property for public use. This legislative body is responsible for ensuring that the power of eminent domain is used appropriately, balancing the needs of public development with the rights of property owners. The laws passed by the state legislature set the guidelines for how and when eminent domain can be invoked, including the requirement for just compensation to be paid to property owners whose land is taken.

The other bodies mentioned in the options, such as the governor, U.S. Congress, and state departments, do not have this direct authority. While the governor may have a role in executive orders or state-level directives, the fundamental legal authority for eminent domain arises from legislative action. Similarly, while Congress can legislate federal laws concerning eminent domain for federal projects, the local and state power specifically comes from the state legislature. The state department of highways might carry out eminent domain actions related to transportation projects, but it does so under the authority provided by the state legislature, not independently.