Land Use & ZoningIntermediateAlabama Exam
In Alabama, a landowner whose property is taken through eminent domain has the right to challenge:
AOnly the amount of compensation offered
BThe necessity of the taking and/or the amount of just compensationCorrect
CThe entire process by refusing to participate
DThe government's right to use eminent domain at all, as a general rule
Why The necessity of the taking and/or the amount of just compensation Is Correct
Answer B: The necessity of the taking and/or the amount of just compensation
Property owners subject to eminent domain proceedings may challenge the necessity of the taking (whether it serves a valid public purpose) and the adequacy of the compensation offered.
Key Land Use & Zoning Terms in This Question
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Key Terms to Know
Eminent Domain
The power of government to take private property for public use, with the requirement to pay the owner just compensation.
EasementA non-possessory right to use another person's land for a specific purpose.
LienA financial claim against a property that serves as security for a debt or obligation, giving the creditor the right to foreclose if unpaid.
Joint TenancyCo-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
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