Land Use & Zoning
In New York, eminent domain (the government's power to take private property for public use) requires:
AThe property owner's consent
BJust compensation to the property owner✓ Correct
CA unanimous vote of the local governing body
DFederal court approval
Explanation
Under the Fifth Amendment (applied to states through the Fourteenth Amendment) and New York's Constitution, the government may exercise eminent domain to take private property for public use, but must pay the owner just compensation (fair market value). New York's Eminent Domain Procedure Law (EDPL) governs the process.
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