What Land Can Be Taken By Eminent Domain?

In general, all land can be condemned except land already reserved for a public use, with exceptions. Property already reserved for a public use cannot be appropriated for the sake of another public use which will totally destroy or materially impair or interfere with the former use, unless the intention of the legislature that it should be so taken has been manifested in express terms or by necessary implication, mere general authority to exercise the power of eminent domain being in such case insufficient regardless of whether the property was acquired by condemnation or purchase. However, property reserved for cemetery purposes may not be condemned regardless of whether the land has been used for burial.