Land Use & Zoning
What is 'eminent domain' and how does it operate in Pennsylvania?
AA private right allowing property owners to expand onto adjacent government land
BThe government's power to take private property for public use with just compensation, exercised through a condemnation proceeding✓ Correct
CA zoning technique allowing municipalities to acquire development rights without purchasing the land
DPennsylvania's program for acquiring abandoned properties for redevelopment
Explanation
Eminent domain (condemnation) is the government's inherent power to take private property for public use, provided just compensation is paid. In Pennsylvania, it is governed by the Eminent Domain Code (26 Pa. C.S.). The government files a declaration of taking; the owner receives a preliminary estimate of just compensation. If the owner disputes the amount, they may challenge it through a board of viewers and appeal to the court of common pleas. Pennsylvania permits condemnation for traditional public uses (highways, utilities) and, in limited circumstances, economic redevelopment.
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