Property Ownership

The right of the West Virginia state government to take private property for public use through eminent domain requires:

AThe property owner's voluntary consent
BPayment of just compensation equal to fair market value✓ Correct
CA finding that the owner has violated the law
DApproval by the federal government for all state takings

Explanation

The Fifth Amendment's Takings Clause requires the government to pay just compensation (fair market value) when taking private property for public use through eminent domain. The taking can occur without the owner's consent as long as just compensation is paid.

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