Land Use & ZoningIntermediateDelaware Exam

What is 'eminent domain' and how does it affect Delaware property owners?

AThe right of a private developer to purchase adjacent land at market value

BThe government's constitutional power to take private property for public use upon payment of just compensationCorrect

CThe right of a landowner to exclude others from their property

DA Delaware law allowing municipalities to acquire abandoned properties

Why The government's constitutional power to take private property for public use upon payment of just compensation Is Correct

Answer B: The government's constitutional power to take private property for public use upon payment of just compensation

Eminent domain is the inherent power of government to take private property for public use. The Fifth Amendment requires 'just compensation' (market value) to be paid to the owner.

Key Land Use & Zoning Terms in This Question

Eminent Domain

The power of government to take private property for public use, with the requirement to pay the owner just compensation.

People Also Study

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.

Joint Tenancy

Co-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.

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.

Adverse Possession

A doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.