Which of the following best describes the government's power of eminent domain?
Correct Answer
B) The government may take private property for public use upon payment of just compensation
Eminent domain is the inherent power of the government to take private property for public use. Under the Fifth Amendment to the U.S. Constitution, and as applied in Delaware, the government must pay the property owner just compensation — typically fair market value — when exercising this power. The legal process by which the government exercises eminent domain is called condemnation. The owner's consent is not required.
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Related Topics & Key Terms
Related Topics:
Key Terms:
Related Concepts
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
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