Property Ownership

What is 'eminent domain' and how does it relate to Idaho real estate?

AA private property owner's right to exclude others
BThe government's power to take private property for public use, provided the owner receives just compensation✓ Correct
CThe power of HOAs to foreclose on properties with unpaid assessments
DAn Idaho mining company's right to access mineral deposits

Explanation

Eminent domain is the inherent governmental power to take private property for public use upon payment of just compensation (required by the Fifth Amendment). In Idaho, state and local governments can condemn property for highways, utilities, schools, and other public purposes. The owner must receive fair market value. Idaho voters also passed a constitutional amendment restricting eminent domain for private economic development.

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