Land Use & Zoning
In New Mexico, 'eminent domain' allows the government to take private property for public use only if:
AThe owner agrees to the taking
BJust compensation is paid to the owner✓ Correct
CThe property is vacant
DThe property has been abandoned
Explanation
The Fifth Amendment (applicable to states via the 14th Amendment) prohibits the taking of private property for public use without just compensation. The government may exercise eminent domain for legitimate public purposes but must pay fair market value.
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