Which of the following best describes the requirements for a valid exercise of eminent domain?
Correct Answer
B) The taking must be for public use and the owner must receive just compensation
Eminent domain is the government's power to take private property for public use. Under the Fifth Amendment to the U.S. Constitution, and mirrored in Rhode Island law, two requirements must be met: the taking must be for a public use or public purpose, and the owner must receive just compensation (fair market value) for the property taken. Owner consent is not required.
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Related Topics & Key Terms
Related Topics:
Key Terms:
Related Concepts
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
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