Land Use & Zoning
A West Virginia landowner whose land is taken by eminent domain for a highway project is entitled to:
ARefuse the taking if they disagree with the project
BJust compensation equal to the fair market value of the property taken✓ Correct
CReplacement land of equal size
DA tax exemption on their remaining land
Explanation
The Fifth and Fourteenth Amendments require that private property taken for public use be compensated with 'just compensation,' which courts generally interpret as fair market value of the property at the time of the taking.
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Key Terms to Know
Eminent Domain
The power of government to take private property for public use, with the requirement to pay the owner just compensation.
AppraisalA professional estimate of a property's market value prepared by a licensed or certified appraiser.
Comparable Sales (Comps)Recently sold properties similar in size, condition, and location used by appraisers and agents to estimate a property's market value.
DepreciationA reduction in the value of an improvement (building) over time due to physical deterioration, functional obsolescence, or external factors.
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