Land Use & Zoning

In Illinois, eminent domain (condemnation) requires the government to:

Q: In Illinois, eminent domain (condemnation) requires the government to:

The 5th Amendment to the U.S. Constitution (applied to Illinois through the 14th Amendment) requires that the government pay 'just compensation' when it takes private property through eminent domain. In Illinois, the Illinois Eminent Domain Act governs condemnation proceedings. Just compensation is typically the fair market value of the property. Property owners may challenge the taking and the amount of compensation in court.

AObtain permission from neighboring property owners before acquiring land

BProvide just compensation to the property owner as guaranteed by the 5th Amendment✓ Correct

COffer the property back to the original owner at the original price after 10 years

DObtain approval from IDFPR before acquiring real estate

Explanation

The 5th Amendment to the U.S.

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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.

Net Operating Income (NOI)

The annual income generated by an income-producing property after subtracting operating expenses, but before debt service.

Zoning

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

Variance

Official permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.