Land Use & Zoning

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 compensation✓ Correct
CThe right of a landowner to exclude others from their property
DA Delaware law allowing municipalities to acquire abandoned properties

Explanation

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. The legal process by which government exercises this power is called condemnation. Delaware property owners can challenge the amount of compensation offered.

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