Eminent domain allows the government to take private property. Which of the following correctly states the required conditions for such a taking?
Correct Answer
B) The taking must be for public use and the owner must receive just compensation
Eminent domain is the government's inherent power to take private property for public use. Under the Fifth Amendment to the U.S. Constitution, as applied to the states, two conditions must be met: the property must be taken for a public use, and the owner must receive just compensation. Owner consent is not required. Maine follows these constitutional requirements under both federal and state law.
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Related Topics & Key Terms
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Key Terms:
Related Concepts
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
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