Land Use & Zoning
Under South Dakota law, eminent domain allows the government to:
ARezone property without compensation
BTake private property for public use with just compensation✓ Correct
CRegulate land use without paying the owner
DEnforce deed restrictions on behalf of a neighborhood
Explanation
Eminent domain is the government's power to take private property for public use, but the Fifth Amendment and South Dakota constitution require payment of just compensation (fair market value) to the owner.
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