Land Use & Zoning
A Montana municipality can use eminent domain to acquire private property for public use, but must pay the owner:
AThe assessed value for tax purposes
BJust compensation, which is typically fair market value✓ Correct
CWhatever the owner originally paid for the property
DNo compensation if the taking is for public benefit
Explanation
The Fifth Amendment (and Montana Constitution) requires that when government takes private property through eminent domain, it must pay just compensation, which courts have interpreted as fair market value—what a willing buyer would pay a willing seller.
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