Land Use & Zoning

In Colorado, eminent domain allows the government to take private property for public use. The constitutional requirement is that:

AThe property owner must agree to the taking
BJust compensation must be paid to the property owner✓ Correct
CThe taking must be approved by a statewide referendum
DThe property must have been abandoned for at least 5 years

Explanation

The Fifth Amendment to the U.S. Constitution (incorporated to states through the Fourteenth Amendment) requires that when the government exercises eminent domain, it must pay 'just compensation' — typically fair market value — to the property owner.

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